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C. HARI SHANKAR
Synthes Gmbh – Appellant
Versus
Controller General of Patents, Designs And Trademarks – Respondent
JUDGMENT (Oral)
C. Hari Shankar, J.
1. This is yet another case in which the manner in which the impugned order dated 8th October 2020, passed by the Assistant Controller of Patents and Designs, shocks the conscience of the court.
2. Application No. 8285/DELNP/2007 was filed by the appellant on 26th October 2007 for grant of a patent in respect of "Bone Fixation Apparatus".
3. Consequent to filing of the application, First Examination Report (FER) was issued by the Office of the Controller of Patents on 30th November 2015. The appellant filed its reply to the FER on 1st July 2016.
4. Consequent thereto, notice of hearing was issued by the Assistant Controller General of Patents (ACGP) on 14th November 2019, and hearing was granted to the appellant on 17th December 2019, whereafter the appellant filed written submissions on 31st December 2019.
5. The impugned order has come to be passed, by the ACGP on 8th October 2020. To appreciate how the impugned order has been written and passed, it would be appropriate that a screenshot of the order is provided:
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6. Clearly, instead of taking the trouble of typing out the order, the ACGP has merely cut and paste para
Proper application of mind and compliance with quasi-judicial functions are essential in patent-related decisions.
A patent adjudication must be supported by a reasoned order to ensure fairness and facilitate judicial review.
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 is the requirement for proper reasoning in patent rejection orders, emphasizing the principles of natural justice and the need for objective criteria in decision-maki....
The court emphasized the importance of addressing each submission advanced by the appellant and giving both sides an opportunity to personally present themselves before the officer in the remanded de....
The need for strict adherence to the provisions of the Patents Act in passing orders on patent applications.
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