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AMIT BANSAL
Sony Group Corporation – Appellant
Versus
Assistant Controller of Patents And Designs – 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 28th June, 2022 passed by the Assistant Controller of Patents and Designs in the patent application no. 4334/DELNP/2013 (hereinafter "subject application") titled "Data Processing Device and Data Processing Method" (hereinafter "subject invention"). Subject invention relates to data processing method and device that can easily process control data that is required for performing demodulation during digital video broadcasting and has its PAPR (Peak-to- Average Power Ratio) improved.
2. Brief facts relevant to decide the present appeal are as follows:
2.1. The appellant had filed the subject application on 15th May, 2013 at the Patent Office, New Delhi as a national phase application of PCT (Patent Corporation Treaty) application PCT/JP2011/076173 dated 14th November 2011 and claimed priority from JP Patent Application no. 2010-259665 dated 22nd November, 2020.
2.2. On 16th October 2014, the appellant filed a request for examination of the subject application. However, it was only in November 2018 that the Patent Office examined the subject a
The permissibility of amendments to patent claims prior to the grant and the broader permissibility for such amendments were established in the judgment.
Amendment of claims from ‘product by process’ claims to ‘process’ claims is permissible under Section 59(1) of the Patents Act, 1970, subject to certain conditions.
Amendments to patent claims are permissible to restrict claims as long as they remain within the scope of the original specification, supporting both clarity and legal compliance under Section 59.
The decision highlights that patent amendment claims must fall within the initial disclosure's scope, and a lack of a reasoned decision violates the principles of natural justice in patent law.
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 main legal point established in the judgment is that amendments made to patent claims at the instance of the Controller, pursuant to the directions of the Controller, do not violate the principle....
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