- Court
- Madras High Court
- Date of judgment
- Judge
- Abdul Quddhose C. M. A
- Outcome
- Remanded
Headnote
Divisional application refused on the ground that it was filed after grant of the parent, set aside. It was admittedly filed on the same day as the grant. Since an applicant cannot know the exact time at which a patent is granted, refusing the divisional on that footing was total non-application of mind. The order also breached natural justice by refusing partly on the ground that the divisional claims were not distinctive, when the hearing notice had made no reference to distinctiveness and the applicant had no opportunity to answer it.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.