SAINT GOBAIN GLASS FRANCE vs ASSISTANT CONTROLLER OF PATENTS AND DESIGNS & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 11.07.2025 Judgment pronounced on: 11.09.2025 + C.A.(COMM.IPD-PAT) 13/2024 with I.A. 8216/2024 SAINT GOBAIN GLASS FRANCE .....Appellant Through: Mr. Hemant Singh, Ms. Mamta Rani Jha, Mr. Siddhant Sharma, Mr. Abhay Tandon and Mr. Shreyansh Gupta, Advocates. versus ASSISTANT CONTROLLER OF PATENTS AND DESIGNS & ANR. .....Respondents Through: Mr. Nishant Gautam with Mr. Vardhman Kaushik, Mr. Shaurya Mani Pandey and Mr. Prithvi Raj Dey, Advocates for R-1. Mr. Ranjan Narula, Advocate for R-2. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL JUDGMENT AMIT BANSAL, J. 1. The present appeal has been filed under Section 117A of the Patents Act, 1970 (hereinafter ‘Act’) and is directed against the order dated 5th January, 2024 (hereinafter ‘impugned order’) passed by the Assistant Controller of Patents and Designs (hereinafter ‘Controller’), whereby the Indian Patent Application No. 201717045317 titled ‘Material comprising a stack of thin layers’ (hereinafter ‘subject patent application’) has been refused. Signature Not Verified Digitally Signed By:VIVEK MISHRA C.A.(COMM.IPD-PAT) 13/2024 Page 1 of 45 Signing Date:11.09.2025 15:18:50 2. The matter came up for the first time before the predecessor Bench of this Court on 11th April 2024. On the said date, the predecessor Bench issued notice in the appeal and directed the Controller that during the pendency of the appeal, the status of the subject patent application shall be reflected as ‘pending’. 3. Oral submissions in the matter were heard on 11th December 2024, 17th January 2025, 17th March 2025, 21st April 2025, and 4th July 2025. Vide order dated 11th July 2025, the judgment was reserved in the appeal. BRIEF FACTS 4. Brief facts necessary for deciding the present appeal are