This podcast examines the decision made by the Hon’ble High Court of Delhi (‘High Court’) on an appeal (2022/DHC/004697) filed under Section 117A(2) of the Patents Act, 1970 (‘Patents Act’). The appeal was filed by Avery Dennison Corporation (‘Appellant’) seeking to set aside an order passed by the Controller of Patents and Designs (‘Respondent’) refusing the grant of the Appellant’s patent application for lacking inventive step. The High Court, after considering the facts of the case, decided that the assessment of the claimed invention by the Respondent was erroneous and directed that the patent application may proceed for a grant. The podcast also  highlights the fundamental principles discussed by the High Court for analysis of an ‘inventive step’ in India.

Audio Source: An article published on the LKS website in February 2023.

Authors: Eeshita Das, Senior Patent Analyst and  Archana Viswanathan, Principal Associate.