IP Case Digest · Patents

MAE Maschinen-und Apparatebau Goetzen GmbH v. The Controller of Patents and Designs, CMA(PT) 16/2024

Case number
CMA(PT) 16/2024
Date of judgment
Judge
P. B. Balaji
Outcome
Set aside

Headnote

A divisional application was refused for splitting the parent, although the Division Bench judgment permitting it had been placed before the Controller, who disregarded it. The Act requires only that the divisional flow from the specification in the parent, not from the claims. On that limited ground alone the refusal could not stand.

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.