$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.A.(COMM.IPD-PAT) 25/2023 FERTIN PHARMA A/S .....Appellant Through: Mr. Kshitij Saxena, Mr. Saransh Vijay Vargiye and Mr. Daksh Oberoi, Advocates.

versus ASSISTANT CONTROLLER OF PATENTS AND DESIGNS .....Respondent Through: Mr. Arnav Kumar and Ms. Manya Gupta, Advocates.

Date of Decision: 18^th February, 2026 CORAM:

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

JUDGEMENT

TUSHAR RAO GEDELA, J : (ORAL)

1. This is an appeal under Section 117A of the Patents Act, 1970 assailing the impugned order dated 07.02.2023 passed by the Assistant Controller of Patents and Designs under Section 15 of the Indian Patents Act, 1970, rejecting the grant of patent in patent application no.202017042442.

2. Having heard the learned counsel for the parties and having perused the impugned order, this Court is inclined to set aside the impugned order and remit back for de novo consideration. The reason as to why this Court is remanding the matter would be clear from a reading of the impugned order itself. It would be appropriate and apposite to extract the said order:-

“3.0 OBJECTIONS Invention u/s 2(1) (j)

1. (i) Subject matter claimed in claims 1-30 is not an invention with