JUDGMENT

Prathiba M. Singh, J.

Background

1. The present appeal has been filed by the Appellant-Biomoneta Research Pvt Ltd-seeking inter alia, an order to set aside the decision dated 9th February, 2021 (hereinafter `impugned order') issued by the office of the Respondent-Controller General of Patents and Designs. The impugned order refused the application for grant of a patent titled `Air Decontamination Assembly' bearing Application No. 201741016833, filed on 12th May, 2017 (hereinafter `subject patent'), under Section 15 of the Patents Act, 1970 (hereinafter `the Act') on the ground that the claimed subject matter of the subject patent does not constitute an invention under Section 2(1)(j) of the Act.

2. The Appellant company claims to be a start-up recognized by the Biotechnology Industry Research Assistance Council (BIRAC) and supported by the Department of Biotechnology, Government of India and the Karnataka State Government for various innovative products. The details of the funding and support received by the Appellant for the development of the product using the subject patent, as mentioned in the appeal are as follows:

"a) From the Government of India through the Departmen