SAURABH ARORA vs THE CONTROLLER OF PATENTS AND DESIGNS

1. Mr. Himanshu Kane a/w. Kanak Kadam and Ms. Sharwani Kane i/b. W. S. Kane & Co., for Respondent No.2. _______ CORAM : ARIF S. DOCTOR, J. RESERVED ON : 23rd FEBRUARY, 2026 PRONOUNCED ON : 10th MARCH, 2026 JUDGEMENT 1. The present Commercial Miscellaneous Petition impugns an Order dated 7th July 2023 (“impugned order”), by which Respondent No. 1, i.e., the Deputy Controller of Patents, has dismissed the post-grant opposition Meera Jadhav 4-COMMP-46-2025 filed by the Petitioner in respect of Patent No. IN 283059 ("impugned patent") which was granted to Respondent No. 2. Background and Challenge: 2. The Petitioner’s post-grant opposition was under Section 25(2)(c) of the Patents Act 1970 ("the Patents Act”) and was based on an Indian Patent Application bearing no. 1249/DEL/2010, i.e., the prior art (“D1”) cited by the Petitioner (which was subsequently granted as Patent No. IN568478), of which the Petitioner was one of the inventors. 3. It is the Petitioner’s case that despite filing detailed pleadings in the opposition proceeding, the post-grant opposition proceedings came to be disposed of after five years on the sole ground that the prior art cited by the Petitioner cannot be cons