Procedural fairness | Intellepedia

Non-Disclosure of Prior Art in Hearing Notice Violates Natural Justice, Rules Delhi High Court

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In Croda Inc. v. Controller of Patents, the Delhi High Court emphasized procedural fairness and ruled that the non-disclosure of prior art in a hearing notice constitutes a breach of natural justice. The Court remanded the case for fresh evaluation.

Refusal without Effective Hearing? Not Valid: Delhi High Court on technical glitches in trademark hearings

In the case of Impresario Entertainment & Hospitality Pvt. Ltd. v. Registrar of Trademarks, the Delhi High Court set aside a refusal of a Class 16 application. In simple terms, the Court said that an order passed without an effective hearing, and without dealing with the documents on file, cannot stand.

Failure to Disclose Prior Art in Hearing Notice Violates Procedural Fairness, Rules Calcutta High Court

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Introduction The Calcutta High Court recently overturned the Controller’s decision to reject a patent application in the case of UCB Pharma GmbH & Anr. v....

Patentability vs. Procedure: Finding the Right Balance during patent examinations

The Delhi High Court ruled in favor of Arcturus Therapeutics, overturning the Controller’s rejection of its patent application on procedural grounds. The Court emphasized that procedural compliance should not override substantive examination, directing the Patent Office to reassess the application on its merits.