IP Case Digest · Patents

Dhama Innovations Private Limited v. The Assistant Controller of Patents and Designs, CMA(PT) 12/2024

Case number
CMA(PT) 12/2024
Date of judgment
Outcome
Remanded

Headnote

Dissecting a combination into its constituent elements and asking whether each was obvious is impermissible, because it obscures the fact that what is claimed is the combination. The real and ultimate question is whether the combination is obvious. The order also speculated on common general knowledge without stating or discussing its source, and never engaged the written submissions filed more than a year before it issued.

Read the judgment (PDF)

Disposition

Allowed. Matter remitted for a de novo hearing by a different Patent Controller.

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