JUDGMENT

Amit Bansal, J.

Background

1. The present appeal under Section 117A of the Patents Act, 1970 (hereinafter referred as "Act") impugns the order dated 29th December, 2021 passed by the Assistant Controller of Patents and Designs, Patent Office, Delhi (Patent Office) refusing the application for grant of patent application No.201817040811 for an invention title "Composition for use in the Prophylaxis of Allergic Disease".

2. Oral submissions in the matter were heard on 29th November, 2022 and 30th November, 2022. Vide order dated 30th November, 2022, the judgment was reserved in the appeal, giving liberty to the parties to file written submissions. Written submissions were filed on behalf of the appellant as well as the respondent.

Brief Facts

3. Brief facts necessary for deciding the present appeal are set out below:

I. On 10th March, 2017, the appellant filed PCT international application No.PCT/EP2017/055680 claiming priority from a European Patent Application, i.e., EP16172431.5 dated 1st June, 2016.

II. On 29th October, 2018, the appellant filed the National Phase Application in India as Indian Patent Application No.201817040811 titled as "Composition for use in the Prophy