IP Case Digest · Patents

Paratek Pharmaceuticals, Inc. v. Assistant Controller of Patents and Designs, (T)CMA(PT) 111/2023

Case number
(T)CMA(PT) 111/2023
Date of judgment
Outcome
Remanded

Headnote

Two defects. The order set out the two cited documents but discussed neither the reply to the First Examination Report nor the written submissions filed after the hearing. And although the hearing notice had objected under section 10(4)(c) to four specified claims, which the applicant then deleted, the order refused claims 9 to 24 under that section, a range never put to the applicant and on which it had no opportunity to be heard.

Read the judgment (PDF)

Disposition

Allowed. Impugned order 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.