NIPPON STEEL CORPORATION vs THE CONTROLLER OF PATENTS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 17.04.2026 + C.A.(COMM.IPD-PAT) 488/2022 NIPPON STEEL CORPORATION .....Appellant versus THE CONTROLLER OF PATENTS .....Respondent Advocates who appeared in this case: For the Petitioner : Mr. Vineet Rohilla and Mr. Rohit Rangi, Advocates. For the Respondents : Mr. Sumit Nagpal, SPC with Mr. Tanmay Saini and Mr. Kunal Khurana, Advocates. CORAM: HON’BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGMENT TUSHAR RAO GEDELA, J. (ORAL) 1. The present appeal has been filed under Section 117A(2) of the Patents Act, 1970 (hereinafter referred to as ‘the Act’) seeking inter alia quashing and setting aside of the Order dated 26.05.2020 issued by the respondent refusing appellant’s patent application no.10182/DELNP/2012 (hereinafter referred to as ‘subject application’). 2. The appellant had filed a Japanese Application no. 2010-119482 on 25.05.2010 before the Japanese Patent Office. On 19.05.2011, the PCT International Application no. PCT/JP2011/061510 was filed by the appellant. On 23.11.2012, the Indian application no. 10182/DELNP/2012 was filed before the Indian Patent Office, Delhi. The request for examination was filed by the appellant on 26.11.2012. The First Examination Report was issued by the Patent office on 01.06.2018 inter Signature Not Verified Digitally Signed By:YASHRAJ C.A.(COMM.IPD-PAT) 488/2022 Page 1 of 10 Signing Date:20.04.2026 15:34:34 alia raising the following objections: • Lack of novelty under Section 2(1)(j) of the Act. • Lack of inventive step under Section 2(1)(ja) of the Act. • Lack of industrial applicabilility • Lack of unity of invention • Lack of sufficiency of disclosure • Objection under Section 3 of the Act • Scope, definitiveness and other requirements 3. Upon receipt of such objections as