IP Case Digest · Patents

W.R. Grace & Co.-Conn. v. The Controller of Patents, (T)CMA(PT) 203/2023

Case number
(T)CMA(PT) 203/2023
Date of judgment
Outcome
Remanded

Headnote

Once the Controller gave up the three documents cited in his examination report, citing none at all in the hearing notice, there was nothing left to support a finding that the invention lacked an inventive step, and yet the finding was made. He also held that an amendment went beyond the original specification without explaining how, having allowed that amendment.

Read the judgment (PDF)

Disposition

Allowed. Matter remanded to the Controller of Patents for de novo consideration.

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