- Case number
- C.A.(COMM.IPD-PAT) 288/2022
- Court
- Delhi High Court
- Date of judgment
- Judge
- Saurabh Banerjee C. A
- Outcome
- Remanded
Headnote
A refusal under section 59(1) was reversed where the complete specification described the composition as a product as well as its use, so the amended product claims fell within the scope of the original PCT claims. The Regents of the University of California parameters were applied: amendment only by disclaimer, correction or explanation, no matter not in substance disclosed originally, and the amended claim within the scope of the original claim.
Disposition
Disposed of. Impugned order set aside, the application restored to its original number and remanded for de novo consideration, the amended claims never having been considered.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.