IP Case Digest · Patents

Southwire Company, LLC v. The Controller General of Patents and Designs & Ors., IPDPTA/11/2023

Case number
IPDPTA/11/2023
Date of judgment
Judge
Ravi Krishan Kapur
Outcome
Set aside

Headnote

An order refusing a patent for want of inventive step was set aside as wholly unreasoned. Both D1 and D2 were cited in the First Examination Report and the hearing notice, but the order was silent on D2 altogether and never dealt with the significant differences from D1; obviousness was asserted without reasons after the section 3(k) objection had been waived, and corresponding foreign grants were ignored. Kranti Associates was applied on the duty to record reasons.

Read the judgment (PDF)

Disposition

Allowed. Impugned order set aside; findings expressly prima facie and not binding on merits.

Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.