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

* 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/KR201