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PatentRemanded 25 March 2025

Robert Bosch Limited v. The Deputy Controller of Patents and Designs

CMA(PT)/1/2024

Court
Madras High Court
Bench
MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
Outcome
Remanded
Date of judgment
25/3/2025

Statutory provisions

Section 117-A, Patents Act 1970 — Appeals to the High CourtSection 3(m), Patents Act 1970 — Non-patentable inventions (schemes, rules, methods of performing mental acts or playing games)

Key issue

Whether the patent application for a method of preheating and controlling fuel temperature in a combustion engine was correctly rejected under Section 3(m) of the Patents Act, and if the other objections raised by the Patent Office require further consideration.

Summary

This case involves an appeal against the refusal of a patent application for a method of preheating and controlling fuel temperature in combustion engines. The Controller of Patents had rejected the application, citing a lack of novelty, inventive step, and the invention falling under Section 3(d) and 3(m) of the Patents Act, claiming it was a mere method and theoretical. The High Court found that the claimed method was an inventive process, not a mere mental act, and therefore did not fall under Section 3(m). However, it noted that other objections, particularly regarding inventive step, were still outstanding. The court decided to send the matter back for re-evaluation of the remaining objections. Result: The appeal was allowed, the original order refusing the patent was set aside, and the matter was sent back to the Controller of Patents for re-evaluation of patentability, excluding the Section 3(m) objection.

Tags

#patentability#method claims#Section 3(m)#inventive step#remand
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