- Case number
- (T)CMA(PT) 110/2023
- Court
- Madras High Court
- Date of judgment
- Outcome
- Disposed of
Headnote
Refusal of an anti-obesity composition application under sections 2(1)(ja), 3(c) and 3(p) set aside on the ground of fairness. The Controller had circulated two prior art documents, but at the hearing relied on four more that were never put to the applicant, and then rejected the application relying on all of them. The doctrine of fairness is indispensable wherever a civil right is involved, and the right to have an invention patented cannot be refused on materials used behind the applicant's back. The submission that circulating traditional knowledge risks it passing into the wrong hands was no answer.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.