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

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: 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