IP Case Digest · Patents

Alfred Von Schukmann v. The Controller General of Patents, Designs and Trademarks and Ors., C.A.(COMM.IPD-PAT) 435/2022

Case number
C.A.(COMM.IPD-PAT) 435/2022
Date of judgment
Judge
Amit Bansal
Outcome
Remanded

Headnote

Allowed and remanded. The order rejecting the application for a step-action indexing mechanism concluded that the invention lacked inventive step without any discussion of why prior art D1, D2 and D3 defeated the claims, and without engaging the applicant's detailed explanation distinguishing them. A cryptic order of that kind cannot stand.

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