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C. HARI SHANKAR
Qualcomm Incorporated – Appellant
Versus
Controller of Patents – Respondent
JUDGMENT (Oral)
C. Hari Shankar, J.
1. This appeal under Section 117A of the Patents Act, 1970 challenges the following order dated 31 October 2016 passed by the Deputy Controller of Patents and Designs, whereby Patent Application no. 5159/DELNP/2007 dated 4 July 2007 filed by the appellant for grant of a patent in respect of an invention titled "Minimizing feedback by sending a quality indicator for a non- restrictive reuse set and a vectored quality indicator for other reuse sets" stands rejected.
2. The impugned order reads as under:
"DECISION
The instant patent application No. 5159/DELNP/2007 titled "MINIMIZING FEEDBACK BY SENDING A QUALITY INDICATOR FOR A NON-RESTRICTIVE REUSE SET AND A VECTORED QUALITY INDICATOR FOR OTHER REUSE SETS" was filed on 04/07/2007. Consequent upon filing request for examination no. 4003/RQ-DEL/2007 dated 17/07/2007 and publication dated 17/08/2007, the first examination report was issued on 19/12/2011 with the following major official requirements:
"1. Subject matter as described and claimed in method claims falls within the scope of sub clause k of section 3 of The Patents Act 1970 as amended by the Patents (Amendment) Act 2005, for being algorithm b
The main legal point established is the requirement for reasoned and considered decisions by the patent office, as well as the right of the applicant to have their submissions addressed and considere....
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....
The court has the authority to allow a change of name under Section 151 of the CPC.
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 seriousness of patent applications and the need for thorough examination and consideration of objections and responses.
Point of Law : Technical advance proposed in invention is simply a method of doing business, even if it is technically smarter way of doing business and has rejected application under Section 3(k) of....
The Assistant Controller erred by not considering amended claims in a patent application, necessitating reevaluation on grounds of novelty and patentability, distinguishing between business methods a....
Proper application of mind and compliance with quasi-judicial functions are essential in patent-related decisions.
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