- Case number
- (T)CMA(PT) 24/2023
- Court
- Madras High Court
- Date of judgment
- Outcome
- Remanded
Headnote
Where the Controller has accepted over the course of three examination reports that the invention is novel, it is not self-evident how the skilled person would nonetheless find it obvious, and the order has to explain that. The claimed collapsible spacer worked on a different concept from the two cited documents, one of which was the applicant's own earlier patent.
Disposition
Allowed. Impugned order set aside and the matter remanded.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.