IP Case Digest · Patents

Lipotec, S.A. v. Deputy Controller of Patents and Designs, (T)CMA(PT) 114/2023

Case number
(T)CMA(PT) 114/2023
Date of judgment
Judge
Senthilkumar Ramamoorthy
Outcome
Remanded

Headnote

A refusal under section 3(d) recorded that there was an absence of experimental data when the complete specification set out the studies carried out, including the enhanced effect relied on, and the conclusion on obviousness never engaged the detailed differentiation of each cited document in the written submissions. Comparative extracts showed the order was for the most part a reproduction of the First Examination Report and the hearing notice.

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Disposition

Set aside and remanded for reconsideration. No opinion expressed on the merits.

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