PROPRIETECT L P vs THE CONTROLLER OF PATENTS

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:29.07.2025 + C.A.(COMM.IPD-PAT) 168/2022 PROPRIETECT L P .....Appellant Through: Mr. Ankush Verma, Mr. Debashish Banerjee, Ms. Vaishali Joshi, Mr. Pankaj Soni, Mr. Vineet Rohilla, Mr. Rohit Rangi, Ms. Gurneet Kaur & Mr. Tanveer Malhotra, Advs. versus THE CONTROLLER OF PATENTS .....Respondent Through: Ms. Rupali Bandhopadhya, Mr. Abhijeet Kumar and Ms. Amisha Gupta, Advs. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA TEJAS KARIA, J (Oral) INTRODUCTION 1. The present Appeal has been filed under Section 117A of the Patents Act, 1970 (“Act”) challenging the Order dated 31.07.2020 (“Impugned Order”) passed by the Assistant Controller of Patents and Designs (“Controller”) by which the Patent Application No.5706/DELNP/2011 (“Application”) was rejected under Sections 2(l)(j), 2(l)(ja), 10(4)(c) and 10(5) of the Act. FACTUAL MATRIX 2. The Subject Application is titled “FOAM LAMINATE PRODUCT ANDPROCESS FOR PRODUCTION THEREOF”, and the claimed invention of the Subject Application relates to a foam laminate product for use in the Signature Not Verified Signed By:NEELAM C.A.(COMM.IPD-PAT) 168/2022 Page 1 of 9 SHARMA Signing Date:07.08.2025 12:44:35 interior of a vehicle, such as a headliner. 3. The Respondent, issued the First Examination Report (“FER”) dated 13.07.2017 and raised objections primarily on the ground of lack of Novelty under Section 2(1)(j) of the Act and lack of Inventive Step under Section 2(l)(ja) of the Act, in view of cited Prior Art documents D1 to D8 filed by the Appellant along with the Subject Application. 4. The timeline of the Subject Application is provided hereinunder: 26.07.2011 Date of filing of the Subject Application by the Appellant. 13.07.2017 Date of issuance of FER by the Respondent. 10.01.