MANU CHAUDHARY vs CONTROLLER OF PATENTS AND DESIGN

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 7th February, 2026 + C.A.(COMM.IPD-PAT) 36/2024 MANU CHAUDHARY .....Appellant Through: Ms. Rajeshwari H., Ms. Garima Joshi and Ms. Sawani Chothe, Advocates. versus CONTROLLER OF PATENTS AND DESIGN .....Respondent Through: Mr. Jagdish Chandra, CGSC with Mr. Sujeet Kumar, Advocates. 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(2) of The Patents Act, 1970 (‘1970 Act’) challenging order dated 22.02.2024 passed by the Respondent/The Controller of Patents & Designs. It is further prayed that the Patent Application IN 201711047431 be revived. 2. As per the case of the Appellant, the invention of the patent application, which is subject matter of the present appeal relates to: (a) Oral herbal pain killer composition for peripheral pains comprising essentially effective amount of selected herbal components (specific part of herbs associated with specific chemical constituents) in specific predefined ratios which ultimately provides synergistic effect by achieving pharmaco-dynamic efficacy; and Signature Not Verified Digitally Signed C.A.(COMM.IPD-PAT) 36/2024 Page 1 of 8 By:KAMAL KUMAR Signing Date:10.02.2026 19:56:32 (b) Process of preparation of the oral herbal pain killer compositions wherein the composition is simplified and made reproducible while maintaining the safety, efficacy and stability of the compositions. 3. It is stated that Appellant is a highly accomplished pharmaceutical researcher and inventor with over 30 years experience in the field and has made significant contributions to the discovery, development and IP protection of various platform technologies in the field of Antimicrobial Resistance Resear