Back
SANJEEV NARULA
Blackberry Limited – Appellant
Versus
Assistant Controller of Patents And Designs – Respondent
ORDER
I.A. No........./2023 (to be numbered)
1. Registry is directed to number the afore-noted application.
2. Considering the fact that there has been only a short delay in filing the present appeal, application is allowed and the delay is condoned.
3. Disposed of.
C.A.(COMM.IPD-PAT) 301/2022
4. Petitioner's Indian Patent Application No. 2170/DEL/2008 for the invention "Text Selection Using a Touch Sensitive Screen of a Handheld Mobile Communication Device" [hereinafter, "subject invention"], was filed on 16th September, 2008, claiming priority since 26th October, 2007 from a corresponding European application. [European Application No.: 07119388.2.] First Examination Report was issued on 28th August, 2014, to which, Appellant responded on 13th March, 2015. Hearing was scheduled after four years on 23rd October, 2019, whereafter, vide order dated 23rd June, 2020, the Assistant Controller of Patents and Designs refused the application under section 15 of the Patents Act, 1970 [hereinafter, "impugned order"].
5. As nearly three-quarters of the twenty-year patent term have expired, the Appellant is confronted with a scenario in which, even if the questioned order were to be nullif
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 Controller must provide proper reasoning for rejecting a patent application and consider the applicant's submissions, failing which violates the principles of natural justice.
Proper application of mind and compliance with quasi-judicial functions are essential in patent-related decisions.
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 the requirement for a detailed analysis of the existing knowledge and how the subject invention lacks inventiveness in light of the prior art when ....
The main legal point established in the judgment is the requirement for thorough consideration of amended claims and legal submissions, particularly in relation to Section 3(k) of the Patents Act, an....
A patent adjudication must be supported by a reasoned order to ensure fairness and facilitate judicial review.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
