IP Case Digest · Patents

Parijat Industries India Private Limited v. Deputy Controller of Patents and Designs & Anr., C.A.(COMM.IPD-PAT) 27/2024

Case number
C.A.(COMM.IPD-PAT) 27/2024
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.

Read the judgment (PDF)

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.