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

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 18. On 28.06.2018, patent application was assign