Trident Limited Vs. Controller of Patents

Trident Limited appealed under Section 117A of the Patents Act, 1970 against the Controller's order dated 05.01.2021 refusing patent application No. 1867/DEL/2010 filed on 24.09.2010 for air rich yarn and fabric with homogenously distributed pores across radial cross-section and its manufacturing method, after FER on 21.06.2018, reply on 20.12.2018, hearings on 10.07.2020 and 05.10.2020 with submissions, on grounds of lack of inventive step under Section 2(1)(ja) based on prior arts D1-D4. The Delhi High Court held that prior arts neither disclose nor suggest homogenous radial pore distribution, that Controller's presumption of identical processes yielding identical products ignored differing soluble fibre weights and was hindsight-driven, that homogeneity is not routine per literature teaching away, and that the order was contradictory, failed to cite specific prior art teachings or address specification examples; setting aside the order on 24.11.2025, the court remanded the matter to another Controller for fresh consideration within six months, including auxiliary claims.

- For determining inventive step under Section 2(1)(ja) of the Patents Act, 1970, mere presence of invention elements in prior arts does not ipso facto establish obviousness; there must be a coherent thread leading from prior arts to the invention without hindsight (Enercon (India) Limited v. Aloys Wobben, ORA/6/2009/PT/CH, Para 66).

- Where a combination of prior arts after hindsight analysis fails to achieve the claimed result, it constitutes teaching away from the invention (Pharmacyclics, LLC v. Controller General of Patents, Designs & Trade Marks, OA/2/2013/PT/MUM, Para 67).

- Patent refusal orders must specifically cite prior art portions disclosing claimed features and address applicant's examples and submissions; contradictory findings vitiate the order (Para 78-79).

Case Title: Trident Limited Vs. Controller of Patents  

Order Date: 24 November 2025  

Case Number: C.A.(COMM.IPD-PAT) 162/2022  

Neutral Citation: Not yet assigned  

Court: High Court of Delhi at New Delhi  

Judge: Hon’ble Mr. Justice Tejas Karia  

[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]  

[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]