RAYNER SURGICAL IRELAND LIMITED PREVIOUSLY OMEROS CORPORATION vs THE DEPUTY CONTROLLER OF PATENTS AND DESIGNS

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 15th May, 2026 + C.A.(COMM.IPD-PAT) 26/2024 RAYNER SURGICAL IRELAND LIMITED PREVIOUSLY OMEROS CORPORATION .....Appellant Through: Ms. Ardra Goodwin and Mr. Pallaash Shankhdhar, Advocates. versus THE DEPUTY CONTROLLER OF PATENTS AND DESIGNS .....Respondent Through: Ms. Anubha Bhardwaj, CGSC with Ms. Ananya Shamshrey and Ms. Manavi Dhingra, Advocates. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JUDGEMENT JYOTI SINGH, J. (ORAL) 1. This appeal is filed on behalf of the Appellant under Section 117A of the Patents Act, 1970 (‘1970 Act’) challenging order dated 31.01.2020 passed by the Respondent refusing Indian Patent Application No. 3029/DELNP/2015 and for a direction to the Respondent to grant the patent. 2. To the extent necessary, the facts are that the subject invention relates to ‘STABLE PRESERVATIVE-FREE MYDRIATIC AND ANTI- INFLAMMATORY SOLUTION FOR INJECTION’. Appellant filed a PCT International Application on 23.10.2013 bearing No. PCT/US2013/066349, claiming priority from US Application No. 61/718,026 dated 24.10.2012 and Signature Not Verified Digitally Signed By:KAMAL KUMAR C.A.(COMM.IPD-PAT) 26/2024 Page 1 of 14 Signing Date:26.05.2026 10:38:47 US Application No. 61/736,179 dated 12.12.2012. Appellant filed Indian Patent Application No. 3029/DELNP/2015 on 10.04.2015 with complete specification comprising claims 1-27 and drawings. 3. It is stated in the appeal that Request for Examination by way of Form-18 was made on 27.05.2015 and Form-13 was filed on 02.07.2015 requesting to place on record amended set of claims 1-13 by way of correction and explanation. First Examination Report (‘FER’) was issued by the Respondent on 09.03.2018, to which Appellant filed a response on 07.12.2018 along with amended set