JUDGMENT

AMIT BANSAL, J.

1. The present appeal has been filed under Section 117A of the Patents Act, 1970 (hereinafter ‘Act’) and is directed against the order dated 14th July, 2022 (hereinafter ‘impugned order’) passed by the Assistant Controller of Patents and Designs (hereinafter ‘Controller’), whereby the Indian Patent Application No. 201717005699 titled ‘VACCINE FOR LIVESTOCK PRODUCTION SYSTEMS’ (hereinafter ‘subject patent application’), which relates to a recombinant Salmonella microorganism based live vaccine for preventing enteric bacterial infection, has been refused.

BRIEF FACTS

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

2.1. The appellant, The Regents of the University of California, is an entity based out of the United States of America.

2.2. The subject patent application was filed as a national-phase application under the Patent Cooperation Treaty (‘PCT’), claiming priority from a US Patent Application with a priority date of 29th August, 2014. The appellant had filed the subject patent application on 17th February, 2017 with the Indian Patent Office, Delhi. The bibliographic details of the application are given below: