Intercontinental Great Brands LLC & Anr. v. Assistant Controller of Patents and Designs, (T)CMA(PT) 182/2023

Case number

(T)CMA(PT) 182/2023

Court

Madras High Court

Date of judgment

9 February 2024

Outcome

Set aside

Headnote

A foaming composition with under one per cent protein was refused over prior art disclosing five to fifty per cent, with findings under sections 2(1)(ja), 3(e) and 10(4) and a further finding that two claims were not independent. The Controller appears to be unifocal, having looked only at the prior arts and not at the explanations offered against them.

Read the judgment (PDF)

Disposition

Allowed. Order of refusal set aside.

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