The case titled "Natural Medicine Institute of Zhejiang Vs The Deputy Controller of Patents" (CMA (PT) No.171 of 2023) was decided by the High Court of Judicature. The order was dated December 14, 2017. The appeal challenges the rejection of patent application No. 6275/CHENP/2011 for the invention titled “A Mordant and Hair Coloring Products Containing the Same.” The First Examination Report (FER) raised objections on grounds of lack of novelty and inventive step. The appellant replied with amended claims, which initially were accepted by the respondent via email. However, the appellant later filed claims differing from the ones approved, leading the Controller to refuse the patent application under section 15 of the Patent Act 1970 for non-compliance. The invention had been granted patents in multiple jurisdictions including China, USA, South Korea, Brazil, Malaysia, Japan, and the European Patent Office (EPO). The impugned order did not provide reasons rejecting the amended claims.
Disclaimer: The information shared here is intended to serve the public interest by offering insights and perspectives. However, readers are advised to exercise their own discretion when interpreting and applying this information. The content herein is subjective and may contain errors in perception, interpretation, and presentation.
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
