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C. HARI SHANKAR
Huhtamaki Oyj – Appellant
Versus
Controller of Patents – Respondent
ORDER (Oral)
C.Hari Shankar, J.
1. I have, before me, yet another order passed by an Assistant Controller of Patents and Designs, whereby Application No. 6727/DELNP/2014, filed by the appellant, seeking registration of a patent, stands rejected, without even a word of independent reasoning, merely reproducing the contents of the hearing notice issued to the appellant.
2. Consequent to the submission of Application No. 6727/DELNP/2014, by the application, for registration of the aforesaid patent, First Examination Report (FER) was issued to the appellant on 28th May 2019. The appellant submitted its response to the FER on 19th November 2019, whereafter, hearing notice dated 16th July 2020 was issued to the appellant by the Assistant Controller, fixing hearing in the matter on 6th August 2020. Para 3 contained the surviving objections, and may be reproduced thus:
"Objections
Formal Requirement(s)
1. Format of all forms (Form 1, Form 3, Form 5 and Form 18) have not submitted according to second schedule of Patent rules, 2003 (Tick/Cross whichever is applicable/not applicable). Strike out the column which is/are not applicable
2. Irrelevant portion of the complete specification shall be
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 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 seriousness of patent applications and the need for thorough examination and consideration of objections and responses.
The court ruled that the refusal of patent registration violated natural justice principles and mandated a fresh hearing considering all relevant evidence.
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