Patent Refusal Appeal | Intellepedia

Amendment of claims at Appellate Stage under section 59 of the Patents Act

Banner graphic displaying the text “Amendment of Claims at Appellate Stage” with a central icon representing a heat exchanger, on a blue and tan background.

In the case of Daikin Industries Ltd. v. Assistant Controller of Patents and Designs, the Indian Patent Office refused Daikin’s patent application relating to a shell and plate heat exchanger on the ground of lack of novelty over a prior art document. During the appeal before the High Court, Daikin sought permission to amend claim 1 by incorporating additional limitations already disclosed in the specification. The court examined whether such an amendment could be permitted at the appellate stage under Section 59 of the Patents Act.

Evaluation of Technical Advancement and Compliance with CRI Guidelines under Indian Patent Law

The Madras High Court allowed Idemia Identity & Security France’s appeal, setting aside a refusal order under Section 3(k) for a cryptography patent. The Court ruled the order as a non-speaking one and in violation of natural justice. It directed fresh consideration of the matter, emphasizing technical contributions and adherence to CRI and European guidelines.