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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SENTHILKUMAR
Flipkart Internet Private Ltd. – Appellant
Versus
Joint Controller Of Patents And Designs – Respondent
| Table of Content |
|---|
| 1. lack of novelty and inventive step analysis. (Para 9) |
| 2. court's analysis of the patent validity. (Para 10 , 12 , 13 , 14 , 15 , 16 , 20 , 21 , 22 , 24 , 26) |
| 3. conclusion and judgment of the appeal. (Para 27 , 28) |
ORDER :
N. SENTHILKUMAR, J.
The present Appeal has been filed under Section 117-A of The Patents Act , challenging the order dated 9.10.2023, passed by the first respondent dismissing the Post-grant Opposition against Patent Application No.312437.
2. Brief facts of the case are as under:-
a) The second respondent herein viz., VOICEMONK INC. through their agents Shri.Kartik Puttaiah of M/s.InvnTree IP Services had filed a patent Application in Application No. 312437 seeking registration of patent for their invention called “SYSTEMS AND METHODS FOR VIRTUAL AGENTS TO HELP CUSTOMERS AND BUSINESS” on 18.11.2016
b) According to the 2nd Respondent, the invention is meant to serve the customers, who intend to make online shopping with ease of access. The invention, according to the second respondent herein, would address the inconvenience involved in the normal way of exploration in the website in search of the products which the customers wish to purchase.
c) The inve
The novelty of a patent must be established by clear prior art disclosures, with emphasis on systematic analysis distinguishing novelty from non-obviousness.
The court established that a computer-related invention can be patentable if it demonstrates a technical effect that enhances system functionality, overcoming the exclusion of computer programs per s....
A pre-grant opposition is in the nature of an aid to examination and is not an adversarial proceeding and thus no right of the Petitioner can be said to be violated so as to invoke the extraordinary ....
The Controller must provide a reasoned decision on pre-grant opposition addressing all raised grounds, particularly under Sections 3(d) and 3(e), to ensure compliance with natural justice standards.
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 ....
Quasi-judicial orders under Patents Act dismissing post-grant oppositions must provide cogent reasons and technical analysis under Section 25(2)(c); unreasoned orders are set aside and remanded.
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....
An invention must demonstrate novelty and an inventive step to be patentable; mere refinement of existing methods does not suffice.
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