Case Title: ITC Limited Vs. The Controller of Patents Designs and Trademark:Date of Order: 20 May 2025:Case Number: IPDPTA/13/2024
Name of Court: High Court at Calcutta, Original Side (Intellectual Property Rights Division):Name of Judge: Hon’ble Justice Ravi Krishan Kapur
Very Brief Facts:ITC Limited filed an appeal against the order of the Patent Controller dated 21 August 2024, which rejected their patent application for “A Heater Assembly to Generate Aerosol.” The invention was designed to provide uniform heat distribution for aerosol-generating devices and was not necessarily limited to tobacco-based substrates.
Dispute:The Controller rejected the patent under Section 3(b) of the Patents Act, 1970, claiming the invention was contrary to public order and morality and caused serious prejudice to human health. ITC argued that the Controller misconstrued the invention, wrongly presumed it was limited to tobacco use, and relied on documents not disclosed during proceedings, thereby violating principles of natural justice.
Discussion by Judge:The Court found the Controller's approach flawed, emphasizing that the invention was not necessarily tobacco-based and its use could vary. The impugned order lacked proper reasoning, misapplied Section 3(b), and inappropriately invoked Article 47 of the Constitution and other moral grounds without scientific evidence. The Judge clarified that patent rights are exclusionary—not a license to commercialize. Citing both national and international precedents, the Court underscored that denial of a patent must be based on objective, legal, and technical grounds, not moral or speculative assumptions. Additionally, the Controller erred in using external documents without providing the applicant a chance to respond.
Decision:The High Court set aside the impugned order and remanded the matter to the Controller for fresh consideration within three months. All issues were kept open for decision afresh in accordance with law, with no expression on the merits by the Court.
