- Case number
- C.A.(COMM.IPD-PAT) 27/2024
- Court
- Delhi High Court
- Date of judgment
- Judge
- Sanjeev Narula
- Outcome
- Set aside
Headnote
A post-grant opposition decided against the patentee was set aside, the patent reinstated on the register and the opposition restored. The Controller had disagreed with the Opposition Board's recommendations under Rule 56(4) and revoked the patent, but his reasoning was inadequate and did not meet the standard of reasoning required. The Board's recommendations were expressly preserved for the fresh hearing.
Disposition
Allowed. Impugned order set aside; the patent reinstated into the Register of Patents including the e-register; the opposition restored to its original position.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.