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SANJEEV NARULA
Titan Umreifungstechnik Gmbh And Co. Kg – Appellant
Versus
Assistant Controller of Patents And Designs – Respondent
JUDGMENT
Sanjeev Narula, J. (Oral)
1. The Appellant filed patent application No. 7529/DELNP/2014 as a national phase application arising from PCT application No. PCT/EP2012/069237 dated 28th September, 2012, for invention titled "Plastics Material Strapping Band and Method for Producing a Plastics Material Strapping Band" [hereinafter, "subject application"]. The subject application derives priority from a German patent application No. DE 102012102155.4 dated 14th March, 2012.
2. The Assistant Controller of Patents and Designs [hereinafter, "Controller"], vide order dated 20th July, 2020, refused the subject application under Section 15 of the Patents Act, 1970 for non-fulfilment of requirements under Section 2(1)(ja) and Section 10(4) of the said Act [hereinafter, "impugned order"]. The reasoning for this conclusion is as under:
"Analysis:
The invention relates to plastic strapping for wrapping around one or several objects.
D1 discloses boxing or packaging of individual articles or a plurality of articles and, more particularly, to an improved packaging method in which the package is first formed by means of a relatively thin or lightweight or structurally inadequate wrapper and i
The refusal of a patent application must be reasoned and sustainable, and the teachings of prior art documents must be carefully analyzed before making a decision.
The court upheld the denial of a patent claim on grounds of lack of inventiveness, affirming that minor amendments did not confer novelty over existing prior art as per Patents Act standards.
The main legal point established is the requirement for reasoned and speaking orders in patent application rejections, emphasizing the need for adjudicating officers to consider the applicant's respo....
A claimed invention must demonstrate inventive step and technical advancement; combinations deemed obvious must avoid hindsight bias, treating knowledge available at the priority date effectively.
The main legal point established in the judgment is that the product in question is made from plastic granules and cannot be treated as textile articles, as uniformly adopted by the Appellate Authori....
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....
An invention must demonstrate novelty and an inventive step, and cannot be merely a known process that does not result in a new product or employ a new reactant to qualify for patent protection.
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