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AMIT BANSAL
Alfred Von Schukmann – Appellant
Versus
Controller General of Patents, Designs And Trademarks – Respondent
JUDGMENT
Amit Bansal, J. (Oral)
1. The present appeal has been filed under Section 117-A of the Patents Act, 1970 impugning the order dated 3rd August, 2017 passed by the Assistant Controller of Patents in Indian Patent Application No.3845/DELNP/2007 (hereinafter "subject application") filed on 10th May, 2007 for the invention titled "Step-Action Indexing Mechanism" (hereinafter "subject invention").
2. Brief facts relevant to decide the present appeal are as follows:
2.1. The appellant had filed the subject application on 10th May, 2007 at the Patent Office, New Delhi.
2.2. The subject application was filed as a national phase application under the Patent Cooperation Treaty (PCT) claiming priority date of 10th November, 2004.
2.3. The Patent Office issued a First Examination Report (FER) on 22nd November, 2013 and raised various objections, particularly an objection relating to lack of novelty and inventive step in terms of Section 2(1)(j) of the Patents Act, 1970.
2.4. A detailed response was filed on behalf of the appellant to the aforesaid FER, wherein the appellant distinguished the subject invention from the prior art. Subsequently, various hearing notices were issued by th
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 ....
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.
A reasoned decision is required while rejecting patent applications, considering the existing knowledge, inventive step, and how the subject invention would be obvious to a person skilled in the art.
The judgment emphasizes the requirement for a reasoned decision and scrupulous adherence to principles of natural justice while rejecting patent applications, highlighting the elements of inventive s....
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 that the rejection of a patent application should be based on the objections raised in the hearing notice, and the decision should not exceed the s....
The main legal point established in the judgment is the importance of accurate references to prior art documents and the need to ensure a fair and accurate consideration of patent applications.
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