Andreas Gutzeit Vs. Controller General of Patents

Andreas Gutzeit Vs. Controller General of Patents:High Court at Calcutta: Hon'ble Justice Ravi Krishan Kapur:15 May 2025: IPDPTA/7/2024

 

Facts:

The appellant, Andreas Gutzeit, filed an application for a patent titled "Blood Flow Control System and Method for In-vivo Imaging and Other Application" on January 1, 2016, based on an international application (PCT/CH2014/000151) claiming priority from Switzerland. The invention pertains to controlling blood flow during medical imaging, notably by using a respiratory resistance device to enhance image quality during procedures like CT scans.

Procedural Detail:

The Controller of Patents rejected the patent application on the grounds of non-compliance with Section 59 of the Patents Act, 1970, specifically regarding amendments to the claims that were alleged to broaden the scope of original claims or change the nature of the claims (method to system claim). The appellant challenged this rejection through an appeal before the Calcutta High Court.

Issue:

The core issue was whether the amendments made to the patent application, particularly the change from method claims to system claims, were permissible under Section 59 of the Patents Act, 1970, and whether the Controller’s rejection was justified?

Decision:

The Court held that the amendments, which broadened or altered the scope of the claims, were not permissible under the relevant statutory provisions. The Court set aside the impugned order, remanding the matter back to the Controller for fresh decision in accordance with law, ensuring proper opportunity for hearing. The Court emphasized that amendments should not expand the scope of claims beyond the original disclosure.