Mr Abhishek Sharma & Anr. v. Assistant Controller Of Patents And Designs

17928266

The appellants appealed a decision by the Assistant Controller of Patents and Designs refusing their patent application (No. 202111053480). The subject matter related to 'black coloured wearing' and its alleged effects on human health, which the Controller rejected as non-technical and an abstract theory lacking scientific evidence. The High Court dismissed the appeal both on merits and due to the inordinate delay in filing.

Jurisdiction
India
Court
Delhi High Court
Case Number
17928266
Judge(s)
Amit Bansal

Detailed Summary

of the Paris Local Division of the Unified Patent Court concerning a request for extension of time filed by the Bosch defendants. The judge-rapporteur rejected Bosch's request, finding that a non-redacted version of Valeo's 15 June 2026 filing had been deposited in the CMS simultaneously with the redacted version, and that Bosch had failed to exercise due diligence in accessing it. The court ruled that the deadlines under R.29(d) RdP run from 15 June 2026.

Practitioner Note

This case demonstrates the evidentiary and procedural standards applied in patent matters before Delhi High Court. Understanding the court's reasoning in Mr Abhishek Sharma & Anr. vs Assistant Controller Of Patents And Designs is valuable context for structuring arguments or assessing risk in similar proceedings.

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