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Image accompanying blogpost on "Rejecting Patent Applications without Comprehensive Analysis Contradicts Section 2(1)(ja) of the Patents Act, says Delhi High Court"

Rejecting Patent Applications without Comprehensive Analysis Contradicts Section 2(1)(ja) of the Patents Act, says Delhi High Court

The Delhi High Court, in the matter of Saint Gobain Abrasives Inc & Anr vs the Controller of Patents, accepted an appeal challenging the refusal order dated August 19, 2021, issued by the Assistant Controller in respect of patent application No. 2458/DELNP/2013. Brief Facts The patent application titled “Nonwoven Composite Abrasive Comprising Diamond Abrasive Particles” was filed before the Indian Patent Office on March 20, 2013. Pursuant to a request for examination by the appellant, a First Examination Report…

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Image accompanying blogpost on "Inventive Step analysis requires a rigorous examination, not surface analysis, says the Delhi High Court. "

Inventive Step analysis requires a rigorous examination, not surface analysis, says the Delhi High Court.

In this case the Delhi High Court set aside an order of the Controller of Patents refusing a patent application. The refusal order was set aside as it lacked proper reasoning as required for inventive step analysis. Continue Reading Inventive Step analysis requires a rigorous examination, not surface analysis, says the Delhi High Court.

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Without Proper Inventive Step Analysis, Patent Office's Order is Unreasoned - Says Delhi High Court

Without Proper Inventive Step Analysis, Patent Office’s Order is Unreasoned – Says Delhi High Court

In a recent case involving Gogoro Inc, the Delhi High Court remanded a patent decision back to the patent office on the ground that the order was unreasoned. The Controller of Patents in the case rejected the patent application filed by Gogoro Inc relating to a power charging system on the ground that it lacked inventive step. The Controller cited three prior art references but failed to explain how a person skilled in the art would arrive at the claimed…

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