- Case number
- (T)CMA(PT) 191/2023
- Court
- Madras High Court
- Date of judgment
- Judge
- K. Kumaresh Babu
- Outcome
- Set aside
Headnote
Section 59(1) compares the amended claim with the scope of the pre-amended claim, and scope cannot be found in a textually cabined reading of the claims alone: claims and complete specification form an integrated whole and must be read together. The Controller had compared the original and the amended claims without the specification. On section 3(b) he found no substantial benefit to mankind after himself recording the applicant's statement that the modification would benefit medical research.
Disposition
Impugned order set aside; the application for amendment directed to be reconsidered. No opinion expressed on the merits of the application for grant.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.