Back
C. HARI SHANKAR
Emerson Process Mangement Power And Water Solutions Inc – Appellant
Versus
Controller of Patents – Respondent
ORDER (ORAL)
C. HARI SHANKAR, J.
1. The orders under challenge in these appeals, instituted under Section 117A of the Patents Act, 1970 , are dated 13 April 2017 and 21 December 2015, rejecting the appellant's Application Nos. 1253/DEL/2006 and 4197/DEL/2015 for registration of patents relating to computer software. As the issue in controversy is common, both these matters are being disposed of by this order.
2. In both these matters, Mr. Vaidyanathan, with customary fairness, points out that the main ground on which the applications filed by the Appellant seeking registration of a patent relating to computer software was rejected was that the associated hardware was not novel and inventive, the requirement of the associated hardware being novel and inventive, he fairly states, no longer figures in the guidelines followed by the Patent Office. As this constitutes the main ground of rejection of the petitioner's applications, Mr. Vaidyanathan suggests that the impugned orders may be set aside and the applications remanded for de novo consideration.
3. Needless to say, Mr. Vaidyanathan, learned Counsel for the appellant is agreeable to this course of action.
4. Accordingly, the impug
The requirement of associated hardware being novel and inventive is no longer a ground for rejection of patent applications for computer software.
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 reasoned decision is required while rejecting patent applications, considering the existing knowledge, inventive step, and how the subject invention would be obvious to a person skilled in the art.
A patent adjudication must be supported by a reasoned order to ensure fairness and facilitate judicial review.
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....
Proper application of mind and compliance with quasi-judicial functions are essential in patent-related decisions.
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....
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
