SYNGENTA LIMITED Vs. CONTROLLER OF PATENTS

JUDGEMENT

(1.) A learned Single Judge of the Court doubting the correctness of the view expressed in Boehringer Ingelheim International GMBH vs. The Controller of Patents 2022 SCC OnLine Del 3777 has referred the following questions for our consideration: -

(2.) The issue arises in the context of Sec. 16 of the Patents Act, 1970 [The Act] which enables the applicant to file a Divisional Application either of its own motion or consequent to an objection raised by the Controller. The principal contestation centers upon the question whether the plurality of invention is liable to be found in the parent claims or would it also extend to being discerned from the provisional or complete specification that may have accompanied the application for grant of a patent. The aforesaid issue forms the core of question (ii). Question (i) flows from the learned Judge concluding that where a Divisional Application is made to remedy an objection raised by the Controller the plurality of inventions must stand embodied in the claims.

(3.) For the purposes of answering the questions that stand formulated, the following salient facts may be noticed. The appellant Syngenta is a corporation organized under the laws of the United Kingdom and is stated to be involved in research and development in varied fields such as chemicals, agriculture, healthcare related products, and engaged in the manufacturing and distribution of those products worldwide.