AETHLON MEDICAL, INC vs CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADEMARKS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 26.09.2025 + C.A.(COMM.IPD-PAT) 251/2022 AETHLON MEDICAL, INC .....Appellant versus CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADEMARKS & ANR. .....Respondents Advocates who appeared in this case For the Appellant : Ms. Swati Mittal, Ms. Manisha Singh, Mr. Abhai Pandey, Ms. Preeti Tyagi, Ms. Shivani Singh, Mr. Manish Aryan & Mr. Gautam Kumar, Advocates. For the Respondents : Mr. Manish Mohan, CGSC with Mr. Prakhar Vashisth, Advocates. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J INTRODUCTION 1. The present Appeal has been filed against the order dated 16.10.2017 (“Impugned Order”) passed by the Assistant Controller of Patents and Designs (“Controller” or “Respondent No. 2”) refusing the grant of Patent C.A.(COMM.IPD-PAT) 251/2022 Page 1 of 12 Signature Not Verified Signed By:NEELAM SHARMA Signing Date:26.09.2025 16:57:35 in respect of Indian Patent Application No. 8139/DELNP/2008 (“Subject Application”) on the grounds that the claimed invention falls within the scope of Section 3(i) of the Patents Act, 1970 (“Act”) and lacks novelty under Section 2(1)(j) of the Act. The invention of the present Application was filed in India as a national phase entry of the Patent Cooperation Treaty application PCT/US2007/006101 dated 09.03.2007 (“PCT Application”). FACTUAL MATRIX 2. The invention titled “EXTRACORPOREAL REMOVAL OF MICRO VESICULAR PARTICLES” under the Subject Application relates to the field of medical devices, in particular to methods and devices for the extracorporeal removal of microvesicular particles from the blood or component. 3. The Appellant is a company existing under the laws of the State of Nevada, United States of America, with its Registered Office at 9635 Granite Ridge D