CELLECTIS vs THE ASSISTANT CONTROLLER OF PATENTS AND DESIGNS

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 28th February, 2025 C.A.(COMM.IPD-PAT) 6/2023 & I.A. 10451/2024 CELLECTIS .....Appellant Through: Ms. Vindhya S. Mani and Ms. Harshita Agarwal, Advocates. versus THE ASSISTANT CONTROLLER OF PATENTS AND DESIGNS .....Respondent Through: Mr. Nitinjya Chaudhry, Senior Panel Counsel with Mr. Rahul Mourya, Advocate. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) I.A. 10451/2024 (u/S 59 of the Patents Act, 1970) 1. This application has been filed on behalf of the appellant under Section 59 of the Patents Act, 1970 (Patents Act) for filing amended complete specification in respect of patent application no.10437/DELNP/2015. BRIEF FACTS 2. Brief facts necessary for deciding the present application are set out below: I. Appellant filed Indian patent application no. 10437/ DELNP/ 2016. III. The appellant filed a request for examination on 17th April, 2017. IV. The First Examination Report (FER) was issued by the Patent Office, New Delhi on 13th December, 2019, raising objections of lack of inventive step under section 2(1)(ja) and non-patentability under Sections 3(d) and 3(h) of the Patents Act. V. The appellant filed a