EMD MILLIPORE CORPORATION vs ASSISTANT CONTROLLER OF PATENTS AND DESIGNS

$~J1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 21st December, 2024 Date of Decision: 9th October, 2025 C.A.(COMM.IPD-PAT) 7/2021 EMD MILLIPORE CORPORATION .....Appellant Through: Mr. Vineet Rohilla, Mr. Debashish Banerjee, Ms. Vaishali Joshi & Mr. Ankush Verma, Advs. versus ASSISTANT CONTROLLER OF PATENTS AND DESIGNS .....Respondent Through: Mr. Adarsh Ramanujan, Amicus Curie & Mr. Parth Singh, Adv. (M: 9868245976) Mr. Harish V. Shankar, CGSC with Mr. Srish Kumar Mishra, Mr. Alexander Mathai Paikaday & Mr. Sagar Mehlawat, Advs. CORAM: JUSTICE PRATHIBA M. SINGH JUDGMENT PRATHIBA M. SINGH, J. 1. This hearing has been done through hybrid mode. 2. The present appeal involves an interpretation of the exclusion from patentability in respect of diagnostic processes/methods under Section 3(i) of the Patents Act, 1970 (hereinafter “the Act”). 3. The appeal has been filed under Section 117A of the Act, challenging an impugned order dated 18th February, 2021 passed by the Respondent - Assistant Controller of Patents and Designs. 4. Vide the impugned order the Respondent has refused the Patent Application bearing No.1026/DEL/2012 titled “Devices and Methods for 5. The Appellant is