IP Case Digest · Patents

Synthes GmbH v. Controller General of Patents, Designs and Trademarks & Anr., C.A.(COMM.IPD-PAT) 88/2022

Case number
C.A.(COMM.IPD-PAT) 88/2022
Date of judgment
Judge
C. Hari Shankar
Outcome
Set aside

Headnote

Allowed and the refusal quashed, the court observing that the manner in which the order was passed shocks the conscience of the court. It noted that the application for a bone fixation apparatus was filed in 2007 and that 13 years of the 20 year term had already lapsed, so even an immediate grant would leave a residual term of about three years. The court warned that treatment of this kind disincentivises inventors and is deleterious to the national interest, and recorded this as the fourth such order to come before the bench.

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