IP Case Digest · Patents

Commonwealth Scientific and Industrial Research Organisation & University of Zurich v. The Assistant Controller of Patents and Designs, (T)CMA(PT) 14/2023

Case number
(T)CMA(PT) 14/2023
Date of judgment
Judge
Senthilkumar Ramamoorthy
Outcome
Remanded

Headnote

A set of amended claims rejected as going beyond section 59 was restored. A claim recast as a nucleic acid construct might have looked wider than the original claims, but the particulars written into it, a sequence identity threshold, a heterologous promoter and named target pathogens, curtailed rather than expanded its scope, so the amendment did no more than disclaim, correct or explain. The requirement was satisfied even reading the limbs of section 59(1) as distinct compartments.

Disposition

Set aside and remanded for reconsideration of the application on the basis of the current amended claims 1 to 11. No opinion expressed on the merits.

Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice.