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C. HARI SHANKAR
Sapna Nangia – Appellant
Versus
Assistant Controller of Patents And Designs – Respondent
JUDGMENT :
C.A.(COMM.IPD-PAT) 10/2022
1. This appeal under Section 117A of the Patents Act, 1970 impugned order dated 29th January 2021 passed by the learned Assistant Controller of Patents and Designs, whereby Application No. 201911010599 dated 19th March 2019, filed by the appellant for registration of a patent claiming a “device and process for obtaining individualised tactile feedback replicating breath hold of patient” was rejected by the learned Assistant Controller.
2. Mr. Gaurav Barathi, learned Counsel for the appellant submits that the impugned order is unreasoned.
3. Consequent to the filing of the aforesaid application by the appellant, First Examination Report (FER) dated 10th February 2020 was issued by the Controller of Patents in which it was alleged that the patent, for which the appellant had applied, lacked inventive step within the meaning of Section 2(1) (ja) ((ja) “inventive step” means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art;) of the Patents Act, as the claims in the patent were obvious from prior
The seriousness of patent applications and the need for thorough examination and consideration of objections and responses.
The Controller must provide proper reasoning for rejecting a patent application and consider the applicant's submissions, failing which violates the principles of natural justice.
Passing of a reasoned and a speaking order is an integral part of the principle of audi alteram partem. The Controller must consider the existing knowledge and how a person skilled in the art would m....
The main legal point established in the judgment is the requirement for a detailed analysis of the existing knowledge and how the subject invention lacks inventiveness in light of the prior art when ....
Informed decision-making and due application of mind are essential in adjudicating patent applications, and unreasonable delay in patent grant can discourage inventors.
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