- Case number
- IPDPTA/11/2023
- Court
- Calcutta High Court
- 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.
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.