NEERAJ GUPTA vs THE CONTROLLER OF PATENTS AND DESIGNS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 26.09.2025 + C.A.(COMM.IPD-PAT) 29/2023 NEERAJ GUPTA .....Appellant versus THE CONTROLLER OF PATENTS AND DESIGNS .....Respondent Advocates who appeared in this case For the Appellant : Mr. Anirudh Bakhru, Ms. Anuradha Salhotra, Mr. Sumit Wadhwa, Ms.Aradhna Laktakia & Mr. Amit Ramjan, Advocates. For the Respondent : Mr. Ashish K. Dixit, CGSC with Mr. Shivam Tiwari, Mr. Umar Hashmi, Ms. Deepika Kalra & Ms. Urmila Sharma, Advocates. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J INTRODUCTION: 1. The present Appeal has been filed under Section 117A of the Patents Act, 1970 (“Act”) by the Appellant challenging the Order dated 11.02.2021 (“Impugned Order”) and Order dated 06.01.2023 (“Appeal Order”) passed by the Assistant Controller of Patents and Designs (“Controller”) by Signature Not Verified C.A.(COMM.IPD-PAT) 29/2023 Page 1 of 23 Signed By:NEELAM SHARMA Signing Date:26.09.2025 16:57:35 which the Patent Application No. 201911036272 (“Subject Application”) was rejected under Section 15 of the Act. FACTUAL MATRIX: 2. The Subject Application titled “An Intravenous Catheter Device” was filed before the Indian Patent Office (“Patent Office”) on 10.09.2019 and is related to a device used to infuse medication / fluids directly into a vein or draw blood samples from the subject for testing. 3. The Respondent issued the First Examination Report on 10.02.2020 (“FER”) raising objections on the ground of lack of novelty under Section 2(1)(j) of the Act in respect of Claims 1 to 14 based on the cited prior art D1 (WO2018096549Al) and lack of inventive step under Section 2(1)(ja) of the Act in view of documents D1 and D2 (WO2015161294Al), to which the Appellant filed the Reply on 29.05.2020. 4. A Hearin