- Case number
- C.A.(COMM.IPD-PAT) 189/2022
- Court
- Delhi High Court
- Date of judgment
- Judge
- Amit Bansal
- Outcome
- Remanded
Headnote
Refusal set aside where the hearing notice raised only lack of novelty but the impugned order, passed on the day of the hearing itself, refused the application for lack of inventive step under section 2(1)(ja) while expressly recording that the claims were novel. The order thus went beyond the objection the applicant had been put on notice of. The applicant was also given no opportunity to file written submissions under Rule 28(7) of the Patents Rules.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.