IP Case Digest · Patents

Victaulic Company v. The Controller of Patents and Designs, CMA(PT) 15/2024

Case number
CMA(PT) 15/2024
Date of judgment
Judge
P. B. Balaji
Outcome
Remanded

Headnote

A divisional application refused on the splitting of the parent was remitted because the Controller disregarded the Division Bench judgment in Syngenta Limited even after it had been brought to his notice. Following Syngenta and this Court's own judgment in GenSquare, section 16 requires only that the divisional flow from the specification of the parent application, and does not require the claims of the divisional to 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.