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PRATHIBA M. SINGH
Agriboard International Llc – Appellant
Versus
Deputy Controller Of Patents And Designs – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral). - This hearing has been done through hybrid mod
IA. 161/2022 (for delay)
2. The present application has been filed by the Appellant seeking condonation of delay of 100 days in filing the present appeal. In view of the reasons stated in the application, and the order dated 23rd September, 2021 passed by the Supreme Court in Suo Moto Writ Petition (C) No. 3 of 2020 titled In Re: Cognizance for Extension of Limitation, the said delay is condoned.
3. I.A.161/2022 is disposed of.
C.A.(COMM.IPD-PAT) 4/2022
4. The present appeal under section 117A (2) of the Patents Act, 1970(hereinafter "Act") challenges the impugned order passed by the Deputy Controller of Patents & Designs dated 16th June, 2021. By the impugned order, the Appellant's patent application bearing no. 202014010848 for the invention 'Efficient Method and Apparatus for Producing Compressed Structural Fiberboard' (hereinafter 'subject invention') has been refused on the ground of lack of inventive step under Section 2(l)(ja) of the Act.
5. The background of the case is that the Appellant-Agriboard International LLC, a company based in the United States, filed a patent application on 14th Mar
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 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 the requirement for a detailed analysis of the existing knowledge and how the subject invention lacks inventiveness in light of the prior art when ....
The main legal point established is the requirement for reasoned and speaking orders in patent application rejections, emphasizing the need for adjudicating officers to consider the applicant's respo....
The seriousness of patent applications and the need for thorough examination and consideration of objections and responses.
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