patent
Bombay HC: Patent Office Must Substantiate Rejections
In Deepak Nitrite Limited v. Assistant Controller of Patents, the Bombay High Court has reprimanded the Patent Office for the 'bald invocation' of common general knowledge in refusal orders. Justice Arif S. Doctor emphasized that quasi-judicial authorities must identify specific sources and provide reasoned links when rejecting patent claims for lacking an inventive step. The court’s decision highlights a recurring pattern of non-speaking orders and reiterates that patent applicants are entitled to transparent, well-reasoned analyses. This ruling serves as a vital reminder of the standards required for a sustainable patent refusal.
