Grains Research And Development ... vs The Assistant Controller Of Patents And ...
Judges (1)
Counsel (3)
Case Significance
Grains Research And Development ... vs The Assistant Controller Of Patents An... is a Delhi High Court decision dated February 23, 2026 (citation: ik-117648953). The appellant, an Australian agricultural research corporation, challenged the refusal to grant a patent for its Indian application (No. 201617030967, filed as PCT) on grounds of lack of inventive step under Section 2(1)(ja) and non-patentability under Section 3(d) of the Patents Act, 1970. The Court found that the Controller failed to properly apply the test under Section 3(d) by not comparing the new substance with its known form to determine enhanced efficacy, and did not carry out a suffi The case was heard by Justice Jyoti Singh. Counsel appearing: Rudra Paliwal (counsel for respondent), Sumit Nagpal (counsel for respondent), Vindhya S Mani (counsel for appellant).
Summary
The appellant, an Australian agricultural research corporation, challenged the refusal to grant a patent for its Indian application (No. 201617030967, filed as PCT) on grounds of lack of inventive step under Section 2(1)(ja) and non-patentability under Section 3(d) of the Patents Act, 1970. The Court found that the Controller failed to properly apply the test under Section 3(d) by not comparing the new substance with its known form to determine enhanced efficacy, and did not carry out a sufficient analysis under Section 2(1)(ja). The appeal was partially allowed, the impugned order was quashed, and the matter was remanded for fresh consideration restricted to the specific objections and prior art documents.
What was the outcome of Grains Research And Development ... vs The Assistant Controller Of Patents An...?
The appellant, an Australian agricultural research corporation, challenged the refusal to grant a patent for its Indian application (No. 201617030967, filed as PCT) on grounds of lack of inventive ste...
Judgment
Read the full judgment on the official India Courts portal.
Read on Indian KanoonSource: Indian Kanoon (ik-117648953)