IP Case Digest · Patents

TVS Motor Company Limited v. The Controller of Patents and Designs, CMA(PT) 28/2024

Case number
CMA(PT) 28/2024
Date of judgment
Judge
Abdul Quddhose
Outcome
Remanded

Headnote

A refusal for want of inventive step was quashed as a non-speaking order. The Controller said only that three of the five cited documents were found relevant to the claimed subject matter, without a word on why they applied, and his account of the other two reproduced the applicant's own amended claims almost verbatim. The delay was a separate and compelling ground: the hearing concluded in September 2022 and the order issued in February 2024.

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Disposition

Impugned order quashed for total non-application of mind and as a non-speaking order; matter remanded for fresh consideration 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.