IP Case Digest · Patents

Bigtec Private Limited v. The Assistant Controller of Patents and Designs, (T)CMA(PT) 3/2023

Case number
(T)CMA(PT) 3/2023
Date of judgment
Judge
Senthilkumar Ramamoorthy
Outcome
Set aside

Headnote

A consent remand on terms. With the Registry offering reconsideration on instructions, the applicant agreed subject to two conditions: that the reconsideration be confined to the grounds on which the application was refused and to the prior art cited in the order, and that it be done by a different officer. The Registry accepted the first and the Court imposed the second to preclude confirmation bias.

Read the judgment (PDF)

Disposition

Disposed of. Impugned order set aside on the ground of non-consideration of the contentions raised on the cited prior art and on the section 3(e) objection. No opinion 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.