IP Case Digest · Patents

Duke University v. Deputy Controller of Patents and Designs, CMA(PT) 36/2023

Case number
CMA(PT) 36/2023
Date of judgment
Outcome
Remanded

Headnote

Unless an amendment exceeds the original specification within the meaning of section 59, it is obligatory on the Controller to allow it and then consider why the claim is not tenable. Section 59 may have no role at the point when amendments are sought; its role is post-amendment. Here the amendment was refused with no reason given at all.

Read the judgment (PDF)

Disposition

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.