HIROTSU BIO SCIENCE INC vs ASSISTANT CONTROLLER OF PATENTS AND DESIGNS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 17.01.2026 + C.A.(COMM.IPD-PAT) 45/2023 HIROTSU BIO SCIENCE INC .....Appellant Versus ASSISTANT CONTROLLER OF PATENTS AND DESIGNS .....Respondent Advocates who appeared in this case For the Appellant : Mr. Kshitij Saxena, Mr. Saransh Vijayvargiya & Mr. Daksh Oberoi, Advocates. For the Respondent : Ms. Manisha Agarwal & Mr. Nipun Jain, Advocates. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J INTRODUCTION 1. This is an Appeal under Section 117A of the Patents Act, 1970 (“Act”) against the order dated 29.08.2023 (“Impugned Order”) issued by Assistant Controller of Patents and Designs (“Respondent / Controller”) under Section 15 of the Act rejecting the grant of patent in the Patent Signature Not Verified C.A.(COMM.IPD-PAT) 45/2023 Page 1 of 25 Signed By:NEELAM SHARMA Signing Date:17.01.2026 18:50:22 Application No. 201617022947 titled as “CANCER DETECTION METHOD USING SENSE OF SMELL OF NEMATODE”. (“Subject Application”). FACTUAL MATRIX 2. The Appellant filed the National Phase Application with Claim Nos. 1-21 before the Patent Office, Delhi on 04.07.2016, based on the PCT Application No. PCT/JP2014/083320 dated 10.12.2014. 3. The Appellant on 31.10.2017, filed for the request for First Examination Report. Upon receipt of the First Examination Report dated 19.08.2020 (“FER”), the Appellant filed a detailed response to the FER on 28.12.2020 (“Reply”) along with a revised set of claims. 4. After the Reply to the FER, the Appellant received a hearing notice dated 08.02.2023. Thereafter, the Appellant filed two requests for adjournment of hearing and received the hearing notice on 21.03.2023 (“Hearing Notice”) containing objections stating that the claims do not fulfil the requirements of Sectio