Factual and Procedural Background:
Daikin, a Japanese company, applied for an Indian patent in June 2022 for a better version of a device that transfers heat efficiently, like in air conditioners, claiming priority from a January 2020 Japanese filing and an international application. The patent office reviewed it, pointed out similarities to an old 1972 US patent, and rejected it in April 2024 for not being original enough. Daikin appealed to the Delhi High Court, offering to revise their description to match a version already approved by the US patent office, which had also looked at the same old US document.
Core Dispute:
The key issue was whether Daikin's heat transfer device added anything truly new compared to the decades-old US invention, and if they should be allowed to refine their application details right there in the appeal court to address the rejection.
Reasoning and Decision of Court:
The court explained that appeal judges can approve tweaks to patent applications if they just clarify or narrow the original idea without adding fresh concepts, based on recent similar cases. Here, the proposed changes mirrored the US-approved wording, stayed within the original filing's boundaries, and didn't expand the scope, so they were greenlit. The rejection order was overturned, and the case was sent back to the patent office for a new review after Daikin submits the updated version, with a two-month deadline to decide, but no final call on originality.
Law Point Settled in the Case:
Appeals courts have the power to let inventors adjust patent claims mid-appeal, as long as adjustments are limited to disclaimers, fixes, or explanations that fit the original submission without broadening it, ensuring fair chances for valid innovations.
Daikin Industries Ltd. Vs. Assistant Controller of Patents and Designs:26.02.2026: C.A.(COMM.IPD-PAT) 56/2024: Justice Jyoti Singh.
Disclaimer: Do not treat this as substitute for legal advise as it may contain subjective errors.
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
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