IP Case Digest · Patents

Monsanto Technology LLC v. The Assistant Controller of Patents and Designs, (T)CMA(PT) 5/2023

Case number
(T)CMA(PT) 5/2023
Date of judgment
Judge
N. Seshasayee
Outcome
Remanded

Headnote

Two of the documents relied on had come into existence after the application for grant was filed, so they were not prior art at all, a fact the applicant had not realised when filing its written submissions. The Controller had also confined her objections to two named claims and then rejected the application without considering the rest.

Read the judgment (PDF)

Disposition

Allowed. Impugned proceedings set aside and the matter remanded for de novo consideration.

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