JUDGMENT :

JYOTI SINGH, J.

1. Present writ petition has been preferred by the Petitioner seeking quashing of the order dated 08.04.2022, passed by Respondent No. 1/Deputy Controller of Patents and Designs, dismissing the pre-grant opposition and allowing the grant of patent No. IN 394568 (hereinafter referred to as the ‘subject patent’) in favour of Respondent No. 2/GSP Crop Science Pvt. Ltd.

2. Before examining the rival contentions raised by the parties, I may note the factual score as set out in the petition, to the extent relevant to the controversy involved in the present petition. Respondent No. 2 filed patent application No. 284/MUM/2014 for ‘A synergistic suspo-emulsion formulation of Pyriproxyfen and Diafenthiuron’ on 27.01.2014. Patent application was published under Section 11A of the Patents Act, 1970 (hereinafter referred to as the ‘Act’) on 11.09.2015. Respondent No. 1 issued First Examination Report on 31.05.2018, objecting to the claims inter-alia on grounds of lack of novelty, inventive step etc. Reply was filed by Respondent No. 2 on 19.07.2018 to the said Examination Report and subsequently, Respondent No. 2 amended the claims. On 04.03.2021, Petitioner filed a pre-