IP Case Digest · Patents

Victaulic Company v. Controller of Patents and Designs, CMA(PT) 14/2024

Case number
CMA(PT) 14/2024
Date of judgment
Judge
P. B. Balaji
Outcome
Remanded

Headnote

A second divisional application of the same appellant, refused on the same reasoning, was remitted on the same limited ground: the Controller disregarded the Division Bench judgment in Syngenta Limited although it had been cited to him. Section 16 requires only that the divisional flow from the specification of the parent application, not that its claims flow from the claims of the parent.

Read the judgment (PDF)

Disposition

Allowed on that limited ground. Matter remitted for de novo examination by a different Patent Controller.

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