DAEWOONG PHARMACEUTICAL CO. LTD. & ANR. vs CONTROLLER GENERAL OF PATENTS DESIGNS AND TRADEMARKS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 23.03.2026 + C.A.(COMM.IPD-PAT) 23/2022 DAEWOONG PHARMACEUTICAL CO. LTD. & ANR.....Appellants versus CONTROLLER GENERAL OF PATENTS DESIGNS AND TRADEMARKS .....Respondent Advocates who appeared in this case: For the Appellants : Ms. Aditi Subramaniam and Mr. Sanuj Das, Advocates. For the Respondents : Ms. Rukhmini Bobde, CGSC with Mr. Jatin Dhamija, Mr. Vinayak Aren, Ms. Aishwarya Nigam, Advocates for Controller. CORAM: HON’BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGMENT TUSHAR RAO GEDELA, J. (ORAL) 1. The present appeal has been filed under Section 117A of the Patents Act, 1970 (hereinafter referred to as “the Act”) as amended by the Tribunals Reforms Act, 2021, challenging the order dated 04.01.2022 passed by the learned Controller of Patents under Section 15 of the Act, in the matter of Indian Patent Application No. 201817048074 (hereinafter referred to as “subject application”). The impugned order rejected the patent application on the ground of non-patentability under Section 3(d) of the Act. 2. The present application was filed on 19.12.2018 as a National Phase Application of PCT International Application No.PCT/KR2017/006271. The filing date of the PCT application is 15.06.2017. 3. First Examination Report (hereinafter referred to as “FER”) was issued Signature Not Verified Digitally Signed By:YASHRAJ C.A.(COMM.IPD-PAT) 23/2022 Signing Date:27.03.2026 Page 1 of 10 16:09:04 on 20.09.2019 wherein, the patent office had raised objections related to lack of inventive step under Section 2(1)(ja) of the Act and lack of patentability under Section 3(d) of the Act. Thereafter, the appellant on 16.03.2020, filed the reply to the FER along with amended claims. The respondent issued the hearing notice vide letter