SYNGENTA PARTICIPATIONS AG vs CONTROLLER OF PATENTS DESIGNS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on 09.03.2026 Judgment delivered on: 04.05.2026 + C.A.(COMM.IPD-PAT) 49/2023 SYNGENTA PARTICIPATIONS AG .....Appellant versus CONTROLLER OF PATENTS DESIGNS .....Respondent Advocates who appeared in this case: For the Appellant: Mr. Pravin Anand, Advocate with Ms. Arpita, Advocate. For the Respondent: Ms. Manisha Agrawal Narain, CGSC with Mr. Navneet Saharan, Mr. Nipun Jain, Advocates. CORAM: HON’BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGMENT TUSHAR RAO GEDELA, J. 1. Present appeal has been filed under Section 117A of the Patents Act, 1970 (hereinafter referred to as “the Act”) assailing the order dated 21.07.2023 passed by the respondent-Controller of Patents & Designs (hereinafter referred to as “learned Controller”) refusing the Indian patent application titled "POLYMORPHS OF 3-DIFLUOROMETHYL-1 -METHYL-1 H-PYRAZOLE- 4-CARBOXYLIC ACID (9-DICHLOROMETHYLENE -1,2,3,4- TETRAHYDRO-1,4-METHANO -NAPHTHALEN-5-YL)-AMIDE" bearing no. Signature Not Verified Digitally Signed By:YASHRAJ C.A.(COMM.IPD-PAT) 49/2023 Page 1 of 38 Signing Date:04.05.2026 17:48:09 201617031900 (hereinafter referred to as “subject application”), on the ground of lack of inventive step under Section 2(1)(ja) and Section 3(d) of the Act. BRIEF FACTS:- 2. The subject application was filed on 19.09.2016 before the Indian patent office, and the corresponding PCT application was filed on 24.02.2015 claiming priority from application GB 1403438.3 filed on 27.02.2014. 3. The subject application was published on 13.01.2017. The First Examination Report (hereinafter referred to as “FER”) was issued on 26.07.2019, and the response thereto was submitted by the appellant on 08.04.2020. 4. Thereafter, the hearing notice was issued on 03.04.2023, scheduling the h