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AMIT BANSAL
Rosemount Inc – Appellant
Versus
Deputy Controller of Patents And Designs – Respondent
Amit Bansal, J. (Oral)
1. The present appeal has been filed under Section 117-A of the Patents Act, 1970 impugning the order dated 7th July, 2017 passed by the Assistant Controller of Patents and Designs in the Indian Patent Application No. 1055/DELNP/2009 (hereinafter "subject application") filed on 12th February, 2009 for the invention titled "Process Device with Density Measurement" (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 12th February, 2009 at the Patent Office, New Delhi, claiming priority from 29th August, 2006 based on a US patent application 11/511584, which was subsequently granted as US7461562 on 9th December, 2008.
2.2 A request for examination was filed on 18th February, 2009 and the patent application was published under Section 11A of the Act on 31st July, 2009. Subsequently, the Patent Application was examined by the Controller and a First Examination Report (FER) was issued on 22nd August 2014. The FER essentially contained objections, inter alia, that claims of the subject application were not patentable in terms of Section 2(1)(j), Section 2(1)(
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.
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 ....
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.
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 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....
The seriousness of patent applications and the need for thorough examination and consideration of objections and responses.
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....
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