P.C.:

1. The captioned Commercial Miscellaneous Petition impugns an order dated 18th February 2021 (“the Impugned Order”) by which Respondent No. 1 (“the Controller”) has rejected Patent Application No. 201921036412 (“the said Application”) filed by the Petitioner seeking a patent in respect of “A MEDICAL THERAPEUTIC DEVICE” (“the said invention/device”).

Submissions on behalf of the Petitioner

2. Mr. Shetty, Learned Counsel appearing on behalf of the Petitioner, submitted that the Impugned Order is liable to be set aside and the matter be remanded for fresh adjudication before a different Controller since (A) the order was passed in breach of the mandatory procedure prescribed under Sections 14 and 15 of the Patents Act, 1970 (B) the order is cryptic and unreasoned, since (i) the order failed to establish any coherent analytical link between the prior art cited and the claimed invention/device and (ii) the order failed to consider the FAQ, credential files, and other material placed on record with the post-hearing written submissions and (C) the Controller had adopted an inconsistent approach and rendered contradictory findings.

A. Impugned Order Contrary to Sections 14 an