Haryana Pesticides Manufactures Association vs Willowood Chemicals Private Limited

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
YOGESH KHANNA
Haryana Pesticides Manufactures Association – Appellant
Versus
Willowood Chemicals Private Limited – Respondent

Table of Content
1. factual background of patent dispute (Para 1 , 2 , 3 , 4)
2. claims and amendments in patent application (Para 5 , 12 , 13 , 22)
3. arguments on violation of natural justice (Para 6 , 7 , 8 , 10)
4. pre-grant opposition procedures discussed (Para 14 , 15 , 17 , 18 , 25)
5. amendments directed by controller analyzed (Para 24 , 27 , 28)
6. alternative remedies available in patent proceedings (Para 33 , 34 , 36)
7. final dismissal of writ petition (Para 38)

JUDGMENT

Yogesh Khanna, J. This writ petition is filed for quashing of the impugned order dated 20.07.2020 passed by the Deputy Controller of Patents and Designs in Pre-Grant Opposition under Section 25(1) of the Patents Act filed by the petitioner against application for grant of patent titled as "Novel Fungicidal Composition", filed on 31.12.2013 by respondent No.1.

2. It is the grievance of the learned counsel for the petitioner initially the respondent filed an application for grant of patent with complete specification to the invention viz. "Novel Fungicidal Composition". The total claims made in such application were from No.1-27, as annexed with the petition at pages No.63-65.

3. The first examination report

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DELHI HIGH COURTYOGESH KHANNAHaryana Pesticides Manufactures Association – AppellantVersusWillowood Chemicals Private Limited – Respondent

DELHI HIGH COURT
YOGESH KHANNA
Haryana Pesticides Manufactures Association – Appellant
Versus
Willowood Chemicals Private Limited – Respondent