Vishal Prafulsingh Solanke vs Controller of Patent and Designs

Judgment text excerpt

1/49 901 COMAP L 13430-25.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL APPEAL (L) NO. 13430 OF 2025 IN COMMERCIAL MISCELLANEOUS PETITION NO. 110 OF 2025 Vishal Prafulsingh Solanke and anr .. Appellants Versus Controller of Patent and Designs and ors .. Respondents … Mr. Pranshul Dube a/w Ms. Asma Nadaf, Ms. Maithri Porwal for the Appellants. Mr. Ashish Mehta a/w Mr. Ashutosh Mishra for Respondent No.1 Mr. Venkatesh Dhond, Sr. Advocate- Amicus. CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ. RESERVED ON : 13th FEBRUARY, 2026 PRONOUNCED ON: 9th MARCH, 2026 JUDGMENT (PER BHARATI DANGRE, J) :- 1. The Commercial Appeal filed by the Appellants raise a challenge to the impugned judgment/ order dated 27/03/2025 passed by the learned Single Judge, in Commercial Miscellaneous Petition (L) No. 25369 of 2023, being filed under Section 117A of the Patents Act, 1970, praying for quashing and setting aside of the order dated 14/06/2023, passed by the Assistant Controller of Patent and Designs refusing the Patent Application No. 879/MUM/2015. Since the impugned order dismissed the Petition, the present Appeal is filed under Section 13 of the Commercial Courts Act, 2015 (for short referred to as “Act of 2015 or CCA”). Ashish 2/49 901 COMAP L 13430-25.doc 2. As the Appeal came to be listed before the Division Bench headed by Hon’ble the Chief Justice on 18/08/2025, the Division Bench noted thus:- “1. This appeal under Section 13 (1-A) of the Commercial Courts Act, 2015 (hereinafter referred to as “the Act of 2015”) has been filed against an order dated 27th March, 2025 passed in Misc. Appeal under Section 117-A of the Patents Act, 1970 (hereinafter referred to as “the Act of 1970”). 2. For the facility of reference Section 117-A of the Act