COMMON JUDGMENT AND ORDER

A patent was granted to Allied Metallurgical Products Private Limited (patentee or the second respondent) on 30.04.2019 in respect of an invention titled “Anti-stick Coating for Slag Pots” by allowing Patent Application No.382/CHE/2012 on 30.04.2019. The provisional specification was filed along with the application on 01.02.2012, which is the priority date. The complete specification was filed later on 31.11.2013. Hi Tech Chemicals Private Limited (the appellant or Hi Tech Chemicals) filed a post-grant opposition under Section 25 (2) of the Patents Act, 1970 ('the Patents Act'). The said post-grant opposition was rejected by order dated 05.07.2023, which is impugned in the appeal.

2. Mr. Adarsh Ramanujan, learned counsel, assisted by Madhupreetha Elango, learned counsel, made oral submissions on behalf of the appellant. The first respondent was represented by Mr. Madhanagopal Rao, learned SPC. Mr. Pramod Nair, learned senior counsel, assisted by Mr. Palaniandavan and Ms. Anjana Aravindan, learned counsel, made oral submissions on behalf of the patentee. Both the appellant and the patentee also filed written submissions.

3. Because there was a delay in filin