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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. N. Senthilkumar, J
Flipkart Internet Private Ltd – Appellant
Versus
The Joint Controller of Patents and Designs – Respondent
Headnote: Read headnote
ORDER
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 t
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....
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....
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 ....
A patent adjudication must be supported by a reasoned order to ensure fairness and facilitate judicial review.
A party contesting the validity of a patent must pursue claims via counter-claims in ongoing infringement suits, preventing unnecessary forum shopping.
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 main legal point established in the judgment is that a divisional patent application must be distinct from the parent application, and the reasons for rejection of a patent application should be ....
A claimed patent must demonstrate novelty and an inventive step, which cannot be established by mere derivations that lack enhanced efficacy.
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