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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SENTHILKUMAR
Titan Company Limited – Appellant
Versus
Controller of Patents and Designs, Chennai – Respondent
JUDGMENT :
N. SENTHILKUMAR, J.
1. The present appeal is filed to set aside the impugned order passed by the Controller of Patents & Designs, namely the respondent in Indian Patent Application No.202041004928 and grant patent in respect of the said application.
2. The brief facts are as follows:
An application was made by the appellant on 04.02.2020 in Patent Application No.202041004928 for grant of patent titled "A Jewellery Assembly". The said application was rejected by stating that the claims made by the appellant falls under Section 3(l) of Patents Act and therefore, it is a suitable subject matter for a design application and not for a patent application. The appellant seeks patent for an invention titled ''A Jewellery Assembly''. According to the appellant, the said invention comprises of a base member, plurality of walls, and at least one segment defined between each adjacent walls of the plurality of walls, wherein, each of the at least one segment is defined with an inclination and a cavity is defined in a substantially central region of the base member; at least one gemstone disposed in the cavity; and a plurality of elongated gemstones disposed at a periphery of the cavity,
The rejection of a patent application must include comprehensive analysis of all claims and objections raised, ensuring that the authority applies due consideration to technical aspects rather than f....
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.
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 ....
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 court ruled that the refusal of patent registration violated natural justice principles and mandated a fresh hearing considering all relevant evidence.
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 court emphasized the necessity for a detailed analysis on inventive steps in patent applications, ruling that mere conclusions without discourse on prior art are insufficient for rejecting patent....
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