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KRISHNA RAO
Terex India Private Limited – Appellant
Versus
CDE Asia Ltd. – Respondent
JUDGMENT :
Krishna Rao, J.
1. The appellant has preferred an appeal under Section 117A of The Patents Act, 1970 against the order passed by the Deputy Controller of Patent and Designs dated 2nd March, 2023 wherein the post-grant opposition filed by the appellant for revocation of Indian Patent No. 307249 granted on 12th February, 2019 in an Indian Patent Application No. 1033/KOLNP/ 2013 dated 3rd September, 2013 under the title “SYSTEM /DEVICE PROCESS FOR CLASSIFICATION OF VARIOUS MATERIALS” in the name of CDE ASIA LTD. is refused.
2. The respondents had made an application being No. 1033/KOLNP/ 2013 dated 3rd September, 2013 for its invention titled “SYSTEM/ DEVICE PROCESS FOR CLASSIFICATION OF VARIOUS MATERIALS”. The said application was granted on 12th February, 2019 with India Patent No. 307249 over 10 claims.
3. Mr. Akhil Sibal, Learned Senior Advocate representing the appellant submitted that the main independent claim i.e. Claim 1 is a method claim for classification of various materials and Claims 2 to 4 are dependent upon process Claim 1. He submits that the patent contains another independent claim for system for classification of materials of variable sizes under Claim 5. He
A patent adjudication must be supported by a reasoned order to ensure fairness and facilitate judicial review.
No intra-court appeal under Commercial Courts Act lies against Single Judge order on Patents Act appeal due to CPC Section 100A bar, Controller possessing Civil Court trappings as quasi-judicial auth....
Patents Act requires adherence to procedures in post-grant oppositions, emphasizing natural justice and timely resolutions to prevent delays in patent adjudication.
Proper application of mind and compliance with quasi-judicial functions are essential in patent-related decisions.
Jurisdiction for appeals under the Patents Act is confined to the High Court corresponding to the Patent Office where the application originated.
Provisions of Code of Civil Procedure will apply to all matters on which special or local law is silent.
Point of law : Section 4 of the Code of Civil Procedure, as is evident from its plain reading, does not mean that the CPC does not apply to the proceedings under special or local laws but only indica....
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