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C. HARI SHANKAR
Syngenta Limited – Appellant
Versus
Controller of Patents And Designs – Respondent
ORDER (Oral)
C.A.(COMM.IPD-PAT) 471/2022
1. This is an appeal under Section 117-A of the Patents Act, 1970, seeking to impugn the order dated 11 October 2017, passed by the Deputy Controller of Patents and Designs ("Deputy Controller", hereinafter), whereby Application No. 7059/DELNP/2011, filed by the appellant as a Divisional Application under Section 161[16. Power of Controller to make orders respecting division of application.--
(1) A person who has made an application for a patent under this Act may, at any time before the grant of the patent, if he so desires, or with a view to remedy the objection raised by the Controller on the ground that the claims of the complete specification relate to more than one invention, file a further application in respect of an invention disclosed in the provisional or complete specification already filed in respect of the first mentioned application.
(2) The further application under sub-section (1) shall be accompanied by a complete specification, but such complete specification shall not include any matter not in substance disclosed in the complete specification filed in pursuance of the first mentioned application.
(3) The Controller may requi
A divisional patent application must be filed before the grant of a parent application; filing post-grant is impermissible under Section 16(1) of the Patents Act.
The requirement of 'plurality of inventions' should be tested based upon the disclosure made in either the provisional or complete specifications.
The main legal point established in the judgment is that a divisional patent application must be distinct from the parent application, and the reasons for rejection of a patent application should be ....
The discretion to allow additional written statements under Order VIII Rule 9 CPC is broad, particularly when trial has not commenced, aimed at advancing justice.
Amendments to patent claims are permissible to restrict claims as long as they remain within the scope of the original specification, supporting both clarity and legal compliance under Section 59.
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