IP Case Digest · Patents

Decco Worldwide Post Harvest Holdings B.V & Anr. v. The Controller of Patents and Designs & Anr., (AID No. 11 of 2021)

Case number
AID No. 11 of 2021
Date of judgment
Judge
Ravi Krishan Kapur
Outcome
Remanded

Headnote

Refusal of a patent for a fungicidal treatment for black sigatoka was set aside and the application remanded. The finding that the invention lacked inventive step was unreasoned: the Controller compared prior art D1 to D7 without appreciating what they taught, left the applicant's written submissions unanswered, and did not apply the inventive step tests set out in Avery Dennison. The court restated that a specification is construed by reading the description of the invention before the claims, following Bishwanath Prasad Radhey Shyam.

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