IN THE HIGH COURT OF DELHI AT NEW DELHI
ITC LIMITED VS. PHILIP MORRIS PRODUCTS S.A. & ORS.
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O R D E R
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1. This appeal is filed on behalf of the Appellant under Section 117A of the Patents Act, 1970 (hereinafter ‘1970 Act’) laying a challenge to order dated 11.01.2024 passed by the Respondent in Indian Patent Application No. 8083/DELNP/2013 (hereinafter ‘subject patent application’). The subject patent application, titled “System Nozzle and Method for Coating Elastic Strands”, was filed before the Patent Office, Delhi on 16.09.2013 as a national phase application entering India from PCT International Application No. PCT/US2012/032893 dated 10.04.2012. The subject patent application claims priority from United States Provisional Application No. 61/474129 dated 11.04.2011.
2. Appellant filed a Request for Examination dated 16.02.2015 under Section 11B and Rule 24B of the 1970 Act and the Patents Rules, 2003 respectively. The subject patent application was published on 22.04.2016. Pursuant to the Request for Examination, the Patent Office examined the subject patent application, and a First Examination Report (hereinafter “FER”) dated 20.11.2018 was issued by the Respondent. The primary objections raised in the FER related to lack of novelty and inventive
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