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IN THE HIGH COURT OF DELHI AT NEW DELHI
MS. MINI PUSHKARNA, J
DONG YANG PC, INC – Appellant
Versus
CONTROLLER OF PATENTS AND DESIGNS – Respondent
| Table of Content |
|---|
| 1. details of patent application process. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments on novelty and inventive step. (Para 6 , 7 , 8 , 9 , 10) |
| 3. court's analysis on inventive step. (Para 11 , 12 , 13 , 14) |
| 4. discussion on common general knowledge. (Para 15 , 16 , 17) |
| 5. arguments on rejection of amendment. (Para 18 , 19 , 20) |
| 6. court observations on procedural fairness. (Para 21 , 22 , 23) |
| 7. technical enhancements in patent applications. (Para 24 , 25 , 26 , 27) |
| 8. court's support for simple inventions. (Para 28 , 29 , 30) |
| 9. final directions on re-examination. (Para 31 , 32 , 33 , 34) |
JUDGMENT
% 01.07.2025
MINI PUSHKARNA, J:
1. The present appeal has been filed under Section 117A of The Patents Act, 1970 (“Patents Act”) against the order dated 12th April, 2024, passed by the respondent, i.e., Controller of Patents and Designs. By way of the impugned order, the respondent rejected the appellant‟s Indian Patent Application no. 2554/DEL/2013 (“subject application”), under Section 15 of the Patents Act.
2. Brief facts relevant to decide the present appeal, are as follows:
2.1 The appellant filed the subject application on 29th August, 2013 for the invention titled as „Vertical Rotar
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