IP Case Digest · Patents

Ashok Oswal v. The Assistant Controller of Patents and Designs, (T)CMA(PT) 122/2023

Case number
(T)CMA(PT) 122/2023
Date of judgment
Judge
Senthilkumar Ramamoorthy
Outcome
Remanded

Headnote

The order decided claims that no longer existed. All the system claims had been deleted with the written submissions, leaving two method claims, yet the refusal proceeded on the footing that the claims were system claims. On section 59 the order merely extracted the provision without giving any reason for refusing the amendment, and on inventive step it merely referred to the cited documents.

Read the judgment (PDF)

Disposition

Set aside and remanded for reconsideration. No opinion expressed on the merits.

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