Un-Reasoned Order May Invoke Writ Jurisdiction Of Indian Court

1. Un-Reasoned Order May Invoke Writ Jurisdiction Of Indian Court In A Patent Opposition Un-Reasoned Order May Invoke Writ Jurisdiction Of Indian Court In A Patent Opposition

2. Introduction Introduction As per the doctrine of audi alteram partem, the Controllers of the Indian Patent Office are bound to pass a speaking order while disposing off a patent application i.e., the Controllers shall provide detailed reason for granting or rejecting the patent application.

3. Brief facts of the case 'Respondent 1'), dismissing the pre-grant opposition filed by the Petitioner Brief facts of the case A writ petition was filed by Best Agrolife Limited (herein referred to as 'Petitioner') seeking quashing of the order dated 08.04.2022 by Deputy Controller of Patents and Designs (herein referred to as

4. Key issued addressed by the Court Key issued addressed by the Court The very first contention put forth by the Respondents was on the maintainability of the writ petition. The Respondents relied on the previous judgements of the Court in Ucb Farchim Sa V. Cipla Ltd. & Or.,2010 and Mylan Laboratories Limited V. Union of India and Others, 2019.

5. Issuance of an Un-Reasoned, Non Speaking Order of novelty under Section 25(1)(b); (b) prior use/knowledge in India under Section 25(1)(d); (c) lack of inventive step under Section 2(1)(ja); (d) non-patentable under Section 25(1)(f) read with Section 3(d) and (e); and (e) insufficiency of disclosure under Section 25(1)(g) of the Act. Issuance of an Un-Reasoned, Non Speaking Order It is noted that the pre-grant opposition was filed before Respondent No. 1 on several grounds, viz. (a) lack

6. Brief facts of the case 'Respondent 1'), dismissing the pre-grant opposition filed by the Petitioner Brief facts of the case A writ petition was filed by Best Agrolife Limited (herein referred to as 'Petitioner') seeking quashing of the order dated 08.04.2022 by Deputy Controller of Patents and Designs (herein referred to as

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