TMPatentRemanded 19 October 2022
FMC Corporation v. The Controller of Patents
2022/DHC/004443
- Court
- Delhi High Court
- Bench
- Justice Prathiba M. Singh
- Outcome
- Remanded
- Date of judgment
- 19/10/2022
Statutory provisions
Section 117A, Patents Act 1970 — AppealsSection 2(1)(ja), Patents Act 1970 — Inventive step definitionSection 3(d), Patents Act 1970 — Non-patentable inventions (efficacy)Section 3(h), Patents Act 1970 — Non-patentable inventions (agricultural methods)Rule 28(7), Patent Rules 2003 — Procedure for filing written submissions after hearingRule 137, Patent Rules 2003 — Extension of time for rectifying irregularitiesRule 138, Patent Rules 2003 — Power to extend time
Key issue
Whether the Patent Office's order rejecting a patent application for failure to submit written submissions and efficacy data within stipulated timelines was a sufficiently reasoned decision, warranting interference on appeal.
Summary
This case involved an appeal against the rejection of a patent application for "HERBICIDAL MIXTURES" by the Assistant Controller of Patents. The application was rejected because the applicant failed to submit written submissions and additional efficacy data within the prescribed time, despite multiple extensions. The High Court found the Controller's rejection order to be unreasoned, especially considering the detailed reply and oral submissions made by the applicant. While acknowledging the applicant's delay, the court decided to send the matter back to the Controller for a fresh decision due to the value of patent rights and the lack of a reasoned order.
Result: Appeal allowed; matter remanded to the Controller for fresh consideration on merits, subject to payment of costs.
Tags
#patent prosecution#written submissions#efficacy data#inventive step#non-patentability#natural justice#remand
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