- Case number
- CMA(PT) 21/2023
- Court
- Madras High Court
- Date of judgment
- Judge
- Senthilkumar Ramamoorthy
- Outcome
- Remanded
Headnote
An order that reproduced two paragraphs of one cited document and one paragraph of another, and then recorded conclusions without any reasoning, was set aside. A third document appeared in the concluding paragraph although it had never been discussed. The same two documents had been cited in the European search report and the patent was granted there, which, the test of obviousness being common across jurisdictions, is at a minimum a material consideration.
Disposition
Allowed. Impugned order set aside and the matter remanded for reconsideration.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.