Delhi High Court| Non-consideration of the grounds raised in a pre-grant opposition while granting patent per se constitutes violation of principles of natural justice.

 

Delhi High Court: Jyoti Singh, J. in a case where patent was granted without delving and dealing with the grounds raised in the pre-grant opposition stage remanded it back to the Deputy Controller of Patent for reconsideration of the pre-grant opposition as the impugned order violates principles of natural justice.

GSP Crop Science Pvt. Ltd. (‘Respondent 2') filed patent application for ‘A synergistic suspo-emulsion formulation of Pyriproxyfen and Diafenthiuron' which was published under Section 11-A of the Patents Act, 1970. The Deputy Controller of Patents (‘Respondent 1') issued the First Examination Report objecting to the claims inter alia on grounds of lack of novelty, inventive step etc. Reply was filed by Respondent 2 and claims were thereby amended. Best Agro Life Limited ‘Petitioner' however filed a pre-grant opposition under Section 25(1) Patents Act, 1970, opposing the grant of patent on several grounds including lack of novelty under Section 25(1)(b) and non-patentability under Section 25(1)(f) read with Section 3(d) and 3(e) Patents Act, 1970 as well as objecting to the scope of the amended claims. Six other persons along with petitioner filed opposition which were amended without providing the petitioner(s) any notice to respond to the amendments and the patent was eventually granted. Aggrieved by this, the present petition was filed.