HANMI PHARM. CO. LTD. vs THE CONTROLLER GENERAL OF PATENTS AND DESIGNS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgement reserved on: 04.05.2026 Judgment delivered on: 11.05.2026 + C.A.(COMM.IPD-PAT) 464/2022 HANMI PHARM. CO. LTD. .....Appellant versus THE CONTROLLER GENERAL OF PATENTS AND DESIGNS .....Respondent Advocates who appeared in this case: For the Appellant: Mr. Sanuj Das and Ms. Aditi Subramaniam, Advocates. For the Respondent : Ms. Radhika Bishwajit Dubey, CGSC with Ms. Gurleen Kaur Waraich and Mr. Kritarth Upadhyay, Advocates. CORAM: HON’BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGMENT TUSHAR RAO GEDELA, J. 1. The present appeal has been filed under Section 117A of the Patents Act, 1970 (hereinafter referred to as ‘the Act’) assailing the order dated 25.04.2022 (hereinafter referred to as “the impugned order”) passed by the Controller of Patents & Designs refusing the Indian Patent Application bearing no.6101/DELNP/2014 (hereinafter referred to as ‘subject application’), on the ground of lack of inventive step under Section 2(1)(ja) and non-patentability under Section 3(d) of the Act. 2. The subject application was filed on 21.07.2014 as a National Phase Application out of PCT International Application No.PCT/KR2012/011571 Signature Not Verified Digitally Signed By:YASHRAJ C.A.(COMM.IPD-PAT) 464/2022 Page 1 of 14 Signing Date:11.05.2026 19:22:27 filed on 27.12.2012, claiming priority from Korean Priority Application No.10-2011-0146818 filed on 30.12.2011. 3. The First Examination Report (hereinafter referred to as ‘FER’) was issued on 16.01.2018, wherein, the respondent raised objections related to lack of novelty, lack of inventive step, lack of patentability under Section 3(d), 3(e) and 3(i) amongst others. The response thereto was submitted by the appellant on 28.06.2018 along with an amended set of twenty three (23) claims.