IP Case Digest · Patents

Leonhard Kurz Stiftung and Co. KG v. Controller of Patents, C.A.(COMM.IPD-PAT) 284/2022

Case number
C.A.(COMM.IPD-PAT) 284/2022
Date of judgment
Judge
Sanjeev Narula
Outcome
Remanded

Headnote

Refusal holding amended claims to be beyond the scope of the originally filed claims under sections 57 and 59 set aside. On a comparison chart prepared by the applicant, the amendments could be traced to the complete specification relating to the claims as originally filed, and both counsel for the Controller and the Deputy Controller appearing by video conference accepted that the case as presented indicated the amendments bore reference to the original specification. Since the amended claims were to be re-examined, the Court left all objections open, including the separate objection under section 3(f).

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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.