SAURABH ARORA Vs. DEPUTY CONTROLLER OF PATENTS

JUDGEMENT

(1.) The present Commercial Miscellaneous Petition impugns an Order dtd. 7/7/2023 ("impugned order"), by which Respondent No. 1, i.e., the Deputy Controller of Patents, has dismissed the post-grant opposition filed by the Petitioner in respect of Patent No. IN 283059 ("impugned patent") which was granted to Respondent No. 2.

(2.) The Petitioner's post-grant opposition was under Sec. 25(2)(c) of the Patents Act 1970 ("the Patents Act") and was based on an Indian Patent Application bearing no. 1249/DEL/2010, i.e., the prior art ("D1") cited by the Petitioner (which was subsequently granted as Patent No. IN568478), of which the Petitioner was one of the inventors.

(3.) It is the Petitioner's case that despite filing detailed pleadings in the opposition proceeding, the post-grant opposition proceedings came to be disposed of after five years on the sole ground that the prior art cited by the Petitioner cannot be considered as an "appropriate disclosure" as per the provisions of Sec. 25(2)(c) of the Patents Act for establishing priority.