MILLIKEN AND COMPANY vs CONTROLLER OF PATENTS AND DESIGNS & ANR.

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 11th March, 2025 + C.A.(COMM.IPD-PAT) 15/2023 MILLIKEN AND COMPANY .....Appellant Through: Mr. Pravin Anand, Ms. Archana Shanker & Ms. Arpita Kulsheshtra & Mr. Ashutosh Upadhyaya, Advocates. versus CONTROLLER OF PATENTS AND DESIGNS & ANR. .....Respondents Through: Ms. Nidhi Raman, CGSC with Mr. Jubin Singh, Mr. Akash Mishra, Advocates for R-1 with Ms. Ragini, Assistant Controller of Patents and Designs (through VC). CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present appeal has been filed under Section 117(A) of the Patents Act, 1970 impugning an order dated 17th February, 2023 (hereinafter ‘impugned order’) passed by the Assistant Controller of Patents and Designs (hereinafter ‘Assistant Controller’) refusing the grant of Indian patent application no. 6093/DELNP/2013 titled ‘Additive Compositions and Thermoplastic Polymer Compositions Comprising the Same’ (hereinafter ‘subject application’). 2. The relevant dates of the subject application are as follows: Signature Not Verified Digitally Signed C.A.(COMM.IPD-PAT) 15/2023 Page 1 of 7 By:KOMAL DHAWAN Signing Date:20.03.2025 12:37:20 S. NO. DATE EVENT 1. January 25, 2011 Priority application US 13/013,277 filed 2. December 20, 2011 PCT Application (PCT/US2011/065987) filed 3. July 08, 2013 IN 6093 filed in India 4. July 08, 2013 Request for examination filed 5. December 12, 2014 The application was published under the provisions of Section 11(A) of the Patents Act, 1970 as amended in 2005. 6. August 03, 2016 Pre-grant Opposition filed by the Opponent 7. November 10, 2017 First examination report (FER) issued by the Indian Patent Office 8. November 10, 2017 Notice of the Opposition to the Applicant 9. May 01, 2018 Response to First E