JUDGMENT

This appeal has been filed challenging the order dated 17.05.2019 passed by the respondent refusing to grant patent in favour of the appellant on the ground that the appellant's claimed invention is not an inventive step as per Section 2(1)(ja) of the Patents Act and is not patentable under Section 3(d) of the Patents Act.

2. The appellant has challenged the impugned order primarily on the ground that it is a non-speaking order with regard to the appellant's invention process as claimed in its patent application and the amendments made thereafter. According to the appellant, the impugned order reflects the clear lack of reasoning or even consideration of the appellant's contentions. The appellant's invention is titled “mTOR kinase inhibitors for oncology indications and disease associated with the mTOR/P13K/AKT Pathway” and the claims consist of heteroaryl compound and the pharmaceutically acceptable derivatives, and they assist in cancer detection through their high mTOR activity. Under the impugned order, the respondent has rejected 19 claims of the appellant.

3. The learned counsel for the appellant drew the attention of this Court to the impugned order and would submit as