- Case number
- CMA(PT) 18/2023
- Court
- Madras High Court
- Date of judgment
- Outcome
- Remanded
Headnote
Refusal for want of inventive step set aside. On the solution-to-a-problem rule in Avery Dennison, where a problem is identified and an invention supplies a solution the prior art had not supplied, that is an inventive step, and the Controller never tested the invention on that footing. He also maintained an objection founded on a document the applicant had repeatedly shown to be irrelevant, without ever explaining how it remained relevant in the face of that explanation.
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.