IP Case Digest · Patents

Ajinomoto Co., Inc. v. The Assistant Controller of Patents and Designs, CMA(PT) 12/2023

Case number
CMA(PT) 12/2023
Date of judgment
Judge
P. B. Balaji
Outcome
Remanded

Headnote

Where the complete specification is amended before the grant of a patent, section 13(3) requires the amended specification to be examined and investigated in the same manner as the original. The claims had been cut from thirteen to eleven and then to six, and that procedure was never followed before the application was rejected.

Read the judgment (PDF)

Disposition

Allowed. Matter remitted to the authority for fresh consideration.

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