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2023 Supreme(Del) 2425

PRATHIBA M. SINGH
Dow Agrosciences Llc – Appellant
Versus
Controller of Patents – Respondent


Advocates appeared:
Mr. Ankush Verma, Mr. Debashish Banerjee, Mr. Rohit Rangi, Mr. Vineet Rohilla, Mr. Pankaj Soni, Mr. Tanveer Malhotra and Mr. Venkatesh Naik, Advocates, for the Appellant.
Mr. Harish Vaidyanathan Shankar, CGSC with Mr. Srish Kumar Mishra, Mr. Alexander Mathai Paikaday and Mr. M Sriram, Advocates, for the Respondent.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.

2. The delay in filing the appeal is condoned.

3. M/s Dow Agrosciences LLC has filed the present appeal challenging the impugned order dated 14th July, 2020 by which the application for grant of a patent for patent application bearing No. 9212//DELNP/2012 titled `Stabilized Agricultural Oil Dispersions' (hereinafter `subject patent') has been refused under Section 15 of the Patents Act, 1970 (hereinafter `the Act'). By the said impugned order, the Appellant's application for patent has been refused on several grounds including lack of inventive step on the basis of various prior art documents. The subject patent application was filed before the Indian Patent Office (IPO) on 25th October, 2012 as a national phase application and was published under Section 11A of the Act on 19th February, 2016. The priority date of the subject patent application is 26th April, 2010.

4. A first examination report (FER) dated 29th December, 2017 was issued raising objections relating to lack of inventive step under Section 2(1)(ja) of the Act, citing three prior art documents, non-patentability under Section 3(e)

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