Tag: Inventive step

When Patent Offices Ignore Replies: A Procedural Guide

A recent Delhi High Court ruling has reaffirmed that the patent examination process is not merely a formality. When the Patent Office issues a rejection order that fails to engage with the applicant's responses, it violates fundamental principles of natural justice. This article analyzes the case of VIB VZW v. Controller of Patents, where the court set aside a flawed rejection. We break down the necessity of the five-step inventive step test and why applicants must document every argument to ensure a fair and reasoned decision-making process.