* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 09.01.2026

+ C.A.(COMM.IPD-PAT) 423/2022

STEIGERWALD ARZNEIMITTLEWERK GMBH .....Appellant

versus

ASSISTANT CONTROLLER OF PATENTS AND

DESIGNS .....Respondent

Advocates who appeared in this case

For the Appellant : Ms. Vaishali Joshi, Mr. Ankush Verma and

Mr. Debashish Banerjee, Advocates.

For the Respondent : Mr. Arnav Kumar, Mr. Adit Garg and Ms.

Manya Gupta, Advocates.

CORAM:

HON’BLE MR. JUSTICE TEJAS KARIA

JUDGMENT

TEJAS KARIA, J INRTODUCTION

1. The present Appeal is filed under Section 117A of the Patents Act, 1907 (“Act”) read with Section 151 of the Code of Civil Procedure, 1908 against the order dated 25.07.2017 (“Impugned Order”) whereby the Assistant Controller of Patents and Designs (“Respondent / Controller”) refused to grant the patent on the ground of lack of novelty and inventive

step as required under Section 2(1)(j) of the Act.

FACTUALMATRIX

2. The Indian Patent Application No. 1285/DEL/2009 titled as “METHOD FOR THE PRODUCTION OF A PLANT-BASED MEDICAMENT” was filed on 23.06.2009 (“Subject Application”).

3. The Subject Application relates to a method for the production of a plant-based medicament which contains Iberis a