MEDIPACK GLOBAL VENTURES PRIVATE LIMITED vs ASSITANT CONTROLLER OF PATENTS AND DESIGNS

1. The present Commercial Miscellaneous Petition has been filed under the provisions of Section 117A of the Patents Act, 1970 (“Patents Act”) and Meera Jadhav 6-COMMP-19258-24 impugns an order dated 4th March 2024 by which the Respondent, i.e., the Assistant Controller of the Patents has refused the Petitioner’s Patent Application No. 202221047021 (“the Patent Application”) titled “A Syringe With Breakable Plunger" (“the Petitioner's invention”). 2. Mr. Kamod, Learned Counsel appearing on behalf of the Petitioner at the outset, submitted that the Petitioner's invention relates to a single-use safety syringe aimed at preventing reuse so as to reduce health risks, such as infection spread from shared syringes. He pointed out that the Petitioner's invention includes (i) a barrel with inner tear-off notches; (ii) a plunger featuring a base, head, and breakable section between them, plus outer locking grooves; and (iii) a spacer that stops the plunger from fully entering the barrel, which is removed after filling the syringe with medication. 3. He then also pointed out that the plunger breaks at its frangible point once the locking grooves catch the barrel's notches and that this breaka