SHAAFI NATURCURE LLP vs ASSISTANT CONTROLLER OF PATENTS AND DESIGNS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 15.05.2026 Judgment delivered on: 22.06.2026 + C.A.(COMM.IPD-PAT) 109/2022 SHAAFI NATURCURE LLP .....Appellant versus ASSISTANT CONTROLLER OF PATENTS AND DESIGNS .....Respondent Advocates who appeared in this case: For the Appellant : Mr. Kapil Kumar and Mr. Abhishek Jain, Advocates. For the Respondent : 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. 1. The present appeal has been filed under Section 117A of the Patents Act, 1970 (hereinafter referred to as “the Act”) assailing the order dated 16.09.2020 (hereinafter referred to as “impugned order”) passed by the Assistant Controller of Patents and Designs (hereinafter referred to as “learned Controller”) whereby the respondent refused the Indian Patent Application bearing no. 201911048481 (hereinafter referred to as “subject application”) on the grounds that the invention does not meet the requirements of Section 2(1)(j), Section 3(p) and Section 10(4)(a) and 10(4)(b) of the Act. 2. Briefly, the facts as stated in the appeal are as under:- 2.1 The appellant filed the present application titled “A HERBAL Signature Not Verified Digitally Signed By:YASHRAJ C.A.(COMM.IPD-PAT) 109/2022 Page 1 of 32 Signing Date:22.06.2026 17:20:40 POWDER COMPOSITION FOR THE TREATMENT OF ASTHMA” seeking grant of patent on 27.11.2019. It was numbered as Indian Patent Application no.201911048481. Thereafter, the First Examination Report (hereinafter referred to as “FER”) was issued on 01.01.2020. The appellant claims to have filed a detailed response to the said FER on 20.06.2020 alongwith amended claims. 2.2 The respondent issued a notice of hearing on 29.06.2020 schedulin