IP Case Digest · Patents

A.L.M. Holding Company v. Assistant Controller of Patents and Designs, (T)CMA(PT) 113/2023

Case number
(T)CMA(PT) 113/2023
Date of judgment
Outcome
Remanded

Headnote

It is much easier to say that an invention lacks inventiveness because it would bring no surprise to the person skilled in the art than to justify the statement. The hearing notice had abandoned all seven documents cited in the examination report and substituted four new ones, and the order then combined two of those without engaging the written submissions at all.

Read the judgment (PDF)

Disposition

Allowed. Impugned order set aside and the matter remanded for de novo consideration.

Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.