CRYSTAL CROP PROTECTION LIMITED vs SUDPITA DEY ASSISTANT CONTROLLER OF PATENTS AND DESIGNS & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 16.02.2026 Judgment delivered on: 08.04.2026 + C.A.(COMM.IPD-PAT) 86/2022 CRYSTAL CROP PROTECTION LIMITED .....Appellant versus SUDPITA DEY ASSISTANT CONTROLLER OF PATENTS AND DESIGNS & ORS. .....Respondents Advocates who appeared in this case: For the Appellant : Mr. Priyam Lizmary Cherian and Ms. Shruti Jain, Advocates For the Respondents : Ms. Pratima N. Lakra, CGSC with Mr. Shailendra Kumar Mishra and Mr. Abhishek Sharma, Advocates for R-1 Mr.Ajay Amitabh Suman and Mr. Shravan Kumar Bansal, Advocates for R-3 CORAM: HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGMENT TUSHAR RAO GEDELA, J. 1. Present appeal has been filed under Section 117A of the Patents Act, 1970 (hereinafter referred to as “the Act”) assailing the order dated 11.01.2022 passed by the Assistant Controller (hereinafter referred to as “learned AC”) of Patents and Designs under Section 25(1) of the Act, refusing the grant of patent application no.1607/DEL/2010 (hereinafter referred to as “subject application”). C.A.(COMM.IPD-PAT) 86/2022 Page 1 of 47 Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:10.04.2026 13:35:08 BRIEF FACTS:- 2. The appellant had submitted the Patent Application no. 1607/DEL/2010 in respect of an Insecticidal Composition was filed on 08.07.2010. The First Examination Report (hereinafter referred to as “FER”) was furnished on 26.05.2017 and the response thereto was submitted by the appellant on 22.09.2017. The appellant had amended its claims vide communication dated 22.11.2019. It is stated that between the years 2017 and 2021, four pre-grant oppositions were filed against the said application and the appellant had filed replies thereto. 3. The first hearing notice was issued on 03.09.2021, however, the a