- Case number
- Controller of Patents and DesignsCMA(PT).196/2023
- Court
- Madras High Court
- Date of judgment
- Outcome
- Remanded
Headnote
A section 59(1) refusal was unreasoned and fell on that ground alone. The objection was taken in the hearing notice, the applicant explained why the amendment did not offend the section, and the Controller then merely endorsed the findings in the hearing notice without discussing the explanation at all. An order that reiterates the hearing notice after an answer has been filed decides nothing.
Disposition
Allowed. Matter remitted for fresh consideration by a different Patent Controller.
Also listed as
- Regeneron Pharmaceuticals, INC V. Asst. Controller of Patents and Designs(T)CMA(PT).196/2023
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.