IP Case Digest · Patents

Business Objects Software Limited v. The Controller of Patents, CMA(PT) 42/2023

Case number
CMA(PT) 42/2023
Date of judgment
Outcome
Remanded

Headnote

Nine-tenths of the order was a reproduction of the hearing notice, leaving a single non-speaking paragraph to reject the applicant's explanation, and it decided the original nineteen claims rather than the eleven as amended at the hearing. The work of a Controller may be technical, but it is subject to judicial review, where the Court will look for some tangible and objective reason to justify the order.

Read the judgment (PDF)

Disposition

Allowed. Impugned order set aside and the matter remanded for de novo consideration.

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