NOVOZYMES Vs. ASSISTANT CONTROLLER OF PATENTS AND DESIGNS

JUDGEMENT

(1.) This appeal is directed against the order dtd. 28/2/2017 rejecting Patent Application No.650/CHENP/2009, which was filed on 4/2/2009. The appellant filed the above mentioned application, as the national phase application derived from PCT application dtd. 6/8/2007, by claiming priority from 7/8/2006 for grant of patent for an invention titled "Enzyme Granules for Animal Feed".

(2.) Upon submitting the request for examination on 20/7/2010, the respondent issued the First Examination Report (FER) on 23/1/2014. In the FER, objections were raised on the grounds that the claims do not qualify as an invention under Sec. 2(1)(j) of the Patents Act, 1970 (the Patents Act) and that they are not patent eligible under Ss. 3(d) and (e) thereof. In response, the appellant filed amended claims by deleting original claims 1-2, 4-5, 8, 13-18, 21-22, 26-32 and 34. The amended claims were re-numbered and filed as claims 1-15. Thereafter, a hearing was held on 3/2/2017 and the appellant filed written submissions on 20/2/2017 along with a further amended set of 7 claims (current claims). Eventually, the claims were rejected by impugned order dtd. 28/2/2017. The present appeal arises in the above facts and circumstances. Counsel and their contentions

(3.) Oral submissions on behalf of the appellant were advanced by Ms.Vindhya S.Mani of M/s.Lakshmi Kumaran and Sridharan; and by Mr.A.K.Sakthivel, assisted by Mr.V.G.Saravana Ram Prasad, Assistant Controller of Patents, for the respondent.