IP Case Digest · Patents

Axcess Limited v. Controller of Patents and Designs, C.A.(COMM.IPD-PAT) 288/2022

Case number
C.A.(COMM.IPD-PAT) 288/2022
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.

Read the judgment (PDF)

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.