Bombay High Court Sets Aside Patent Refusal for Failure to Substantiate Common General Knowledge
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Case: DEEPAK NITRITE LIMITED v. THE ASSISTANT CONTROLLER GENERAL OF PATENTS AND DESIGNS
Court: Bombay High Court
Date: 06-07-2026
Law: Patents Act.
Highlights of the Judgment:
- Examination of the mandatory requirements for a "speaking order" in quasi-judicial patent proceedings.
- Analysis of the burden on the Controller to substantiate "common general knowledge" with identifiable sources.
- Interpretation of Section 2(1)(ja) regarding the assessment of inventive steps in product and process claims.
- The necessity of evaluating an invention as a synergistic unit rather than isolating individual steps.
- Judicial critique of recurring procedural infirmities and the mechanical reproduction of objections by the Patent Office.
- Application of the "person skilled in the art" test as established in Indian patent jurisprudence.