Rejection of patent application under section 2(1)(ja) of the
Patents Act, 1970 without a detailed analysis by the Controller
would be contrary to the provision itself held in a recent
judgement of Hon'ble High Court at Delhi in the matter of
"Agriboard International LLC vs Deputy Controller
of Patents and Designs" pronounced on March, 31,
2022.
Agriboard International LLC vs Deputy Controller of Patents and
Designs
Appellant (Agriboard International LLC), a company based in the
United States, filed a patent application on March 14, 2019 in the
US and a corresponding Indian application on March 13, 2020,
claiming priority from the aforementioned US application. The
Controller raised the below objections to the said application in
India –