Delhi High Court Pulls Up Assistant Controller For Cut-And-Paste Order, Says Grant Or Rejection Of Patent A Serious Matter
2 years ago

Delhi High Court Pulls Up Assistant Controller For Cut-And-Paste Order, Says Grant Or Rejection Of Patent A Serious Matter

Live Law  

The Delhi High Court has observed that the orders refusing applications for grant of a patent cannot be passed mechanically and that any decision to grant or refuse a patent has to be informed by “due application of mind” which must be reflected in the decision.Pulling up an Assistant Controller of Patents & Designs for passing a “copy-paste” order while refusing an application. The Delhi High Court has observed that the orders refusing applications for grant of a patent cannot be passed mechanically and that any decision to grant or refuse a patent has to be informed by “due application of mind” which must be reflected in the decision. Pulling up an Assistant Controller of Patents & Designs for passing a “copy-paste” order while refusing an application for grant of patent, Justice C Hari Shankar said that such orders do little justice to the solemn functions which have been entrusted on officers in the office of Controller of Patents and Designs. The court was hearing a plea moved by Dolby International AB against the order passed by the Assistant Controller of Patents on January 29 rejecting its application for grant of patent.

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History of this topic

The judiciary’s shadow over standard essential patents
10 months, 3 weeks ago

The judiciary’s shadow over standard essential patents

The Hindu  

There is a possible crisis brewing in India over the manner in which certain technology companies are wielding ‘standard essential patents’ against the telecom manufacturing sector in India. While the competition law issues remained mired in litigation, the Delhi High Court proceeded to hear lawsuits filed by Ericsson and other SEPs owners against manufacturers of cellular phones on the question …

Patents Act | Pre-Grant Opponent Merely Aids In Holistic Examination Of Patent Application, Can't Intervene In 'Examination Process': Delhi HC
1 year, 2 months ago

Patents Act | Pre-Grant Opponent Merely Aids In Holistic Examination Of Patent Application, Can't Intervene In 'Examination Process': Delhi HC

Live Law  

The Delhi High Court has held that a pre-grant opponent under the Patents Act, 1970, merely aids the Controller in a holistic examination of the patent application and does not have a right to intervene in the “examination process” of the patent.A division bench of Justice Yashwant Varma and Justice Dharmesh Sharma observed that, unlike an adversarial process, the opposition …

This Court Never Ceases To Be Surprised By Orders Passed By Office Of Patents And Trademarks: Delhi High Court
1 year, 7 months ago

This Court Never Ceases To Be Surprised By Orders Passed By Office Of Patents And Trademarks: Delhi High Court

Live Law  

Taking exception to a “blank order” passed by a Senior Examiner of Trade Marks, the Delhi High Court recently said that it is no longer surprised at the kind of orders passed by the Registry of Trade Marks or Controller General of Patents.“This Court never ceases to be surprised at the kind of the orders which come before it, from …

Can Recall Section 11 A&C Act Order, If It Suffers From Patent And Manifest Error: Delhi High Court
2 years, 3 months ago

Can Recall Section 11 A&C Act Order, If It Suffers From Patent And Manifest Error: Delhi High Court

Live Law  

The Delhi High Court has ruled that the power exercised by the High Court under Section 11 of the Arbitration and Conciliation Act, 1996 is not merely an administrative function but a judicial power, and that the Court does not cease to be a Court of Record while exercising power under Section 11. Thus, the bench of Justice Yashwant Varma …

Patents Act | Non-Consideration Of Grounds In Rejecting Pre-Grant Opposition Constitutes Violation Of Principles Of Natural Justice: Delhi High Court
2 years, 8 months ago

Patents Act | Non-Consideration Of Grounds In Rejecting Pre-Grant Opposition Constitutes Violation Of Principles Of Natural Justice: Delhi High Court

Live Law  

In reference to the Patents Act, 1970, the Delhi High Court has held that non-consideration of grounds raised in a pre-grant opposition by the Deputy Controller of Patents and Designs, per se constitutes violation of principles of natural justice. The observation was made by a single judge bench of Justice Jyoti Singh, more particularly in reference to Section 3 of …

Delhi HC Suspends The Order of Controller General of Patents, Designs and Trademarks Which Had Directed For Filing of Documents and Fees By June 01 [Read Order]
4 years, 10 months ago

Delhi HC Suspends The Order of Controller General of Patents, Designs and Trademarks Which Had Directed For Filing of Documents and Fees By June 01 [Read Order]

Live Law  

Delhi High Court has suspended the operation of the May 18 order of the Controller General of Patents, Designs and Trademarks, which had directed litigants and advocates to complete various acts/proceedings, filing of any reply/document, payment of fees, etcetera in the matter of any intellectual property applications/actions by 01.06.2020. Challenging the said order, Senior Advocate Chander M Lall submitted that …

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