IP Case Digest · Patents

TVS Motor Company Limited and Anr. v. The Assistant Controller of Patents and Designs, (T)CMA(PT) 178/2023

Case number
(T)CMA(PT) 178/2023
Date of judgment
Outcome
Set aside

Headnote

The Controller dropped a document in the second hearing notice and then relied on an earlier one in the final order. Unless new prior art emerges between the examination report and the hearing notice, all prior arts should be cited in one go. Citing them in installments is itself prejudicial, and the Controller cannot shift the goal post at will.

Read the judgment (PDF)

Disposition

Allowed. Order of refusal set aside.

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