Background:
The appellant, Terex India Private Limited, filed an appeal under Section 117A of the Patents Act, 1970 against the Deputy Controller of Patent and Designs' order dated 2nd March, 2023. This order refused the appellant's post-grant opposition for the revocation of Indian Patent No. 307249, granted to CDE Asia Ltd. on 12th February, 2019, for the invention titled "SYSTEM/DEVICE PROCESS FOR CLASSIFICATION OF VARIOUS MATERIALS."
Appellant's Arguments:
The appellant argued that the patent claims were not novel and were already in public use before the priority date. They also criticized the Deputy Controller's order for lacking independent reasoning and for merely reproducing the patentee's submissions without addressing the opposition's evidence.
Respondent's Arguments:
The respondents argued that the combination of known devices in their invention produced an unexpected effect, making it patentable. They also contended that the Deputy Controller's order should stand.
Findings:
The Court found that the Deputy Controller's order was arbitrary and lacked proper reasoning, making it difficult to ascertain how the officer applied their mind to reach the conclusion. The Court emphasized the importance of a speaking order in patent adjudication.
Decision:
The Court quashed and set aside the Deputy Controller's order and remanded the matter for reconsideration by an officer other than the one who passed the impugned order. The reconsideration is to be completed within six months from the date of receipt of the order.
Conclusion:
The High Court at Calcutta set aside the Deputy Controller's order and remanded the case for a fresh consideration, emphasizing the need for a reasoned and speaking order in patent adjudication. The Court's decision underscores the importance of proper reasoning in patent decisions to ensure transparency and fairness in the patent opposition process.
Case Citation: Terex India Private Limited v. CDE Asia Ltd. :02.08.2024 : IPDAID 4 of 2024 : Calcutta High Court: The Hon’ble Justice Krishna Rao. H.J.
Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
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