GRAINS RESEARCH AND DEVELOPMENT CORPORATION vs THE ASSISTANT CONTROLLER OF PATENTS AND DESIGNS

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 23rd February, 2026 + C.A.(COMM.IPD-PAT) 66/2024 GRAINS RESEARCH AND DEVELOPMENT CORPORATION .....Appellant Through: Ms. Vindhya S Mani, Advocate. versus THE ASSISTANT CONTROLLER OF PATENTS AND DESIGNS .....Respondent Through: Mr. Sumit Nagpal, SPC with Mr. Rudra Paliwal, G.P. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JUDGEMENT JYOTI SINGH, J. (ORAL) 1. This appeal is filed on behalf of the Appellant under Section 117A of The Patents Act, 1970 (‘1970 Act’) seeking setting aside of impugned order dated 09.05.2024, whereby Respondent has refused to grant patent under Section 15 of 1970 Act in respect of Indian Patent Application bearing No. 201617030967 filed as PCT Application No. PCT/AU2015/05110 on 17.03.2015 on grounds of lack of inventive step under Section 2(1)(ja) and non-patentability under Section 3(d) of 1970 Act. 2. To the extent necessary, the factual matrix as brought forth in the appeal is that one PB IP Ltd. filed the PCT Application No. PCT/AU2015/05110 on 17.03.2015 having 1-31 claims originally, taking priority from 2014900932 dated 18.03.2014. Present Indian Patent Signature Not Verified Digitally Signed By:KAMAL KUMAR C.A.(COMM.IPD-PAT) 66/2024 Page 1 of 22 Signing Date:04.03.2026 23:49:42 Application bearing No. 201617030967 with 1-31 claims originally, was filed on 10.09.2016 before the Indian Patent Office. The application was published in the Patent Journal on 30.12.2016 and on 06.03.2018, Request for Examination was made before the Respondent in Form-18. On 28.06.2018, patent application was assigned to The Australian Plant Biosecurity Science Foundation Ltd. (‘APBSF’), along with copy of the Deed of Assignment, which was recorded in Australia. The First Examination Report (‘FER’) was