Quality Tools Srl (Sr. No. ... vs The Controller General Of Patents And ...
2025 Latest Caselaw 1617 Cal/2

Calcutta High Court

Quality Tools Srl (Sr. No. ... vs The Controller General Of Patents And ... on 21 May, 2025

Author: Ravi Krishan Kapur

Bench: Ravi Krishan Kapur

OIP-38
                        IN THE HIGH COURT AT CALCUTTA
                                  ORIGINAL SIDE
                         Ordinary Original Civil Jurisdiction
                               (Commercial Division)

                                 IPDPTA/93/2023

            QUALITY TOOLS SRL (SR. NO. 34/2020/PT/KOL)
                               VS
     THE CONTROLLER GENERAL OF PATENTS AND DESIGNS AND ANR

  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR
  Date : 21st May, 2025.

                                                                         Appearance:
                                                          Mr. Adarsh Ramanujan, Adv.
                                                               Ms. Sonal Mishra, Adv.
                                                          Ms. Yamini Mukherjee, Adv.
                                                              Mr. Suryaneel Das, Adv.
                                                               Mr. Kaushik Roy, Adv.
                                                                      ...for appellant.

       The Court: Heard the appellant.

       The respondent remains unrepresented.

It is contended on behalf of the appellant that the impugned order is

without any reason whatsoever.

After recording the submissions of the parties and enumerating the

invention in its entirety, the Controller has simply dismissed the subject

application in the following manner:-

"Considering documents D1:JP2004230873A and D3: US2005159284A1

in combination, present application for patent lacks of in inventive step still

stands as the applicant fails to persuade the same. Features of current amended

claims are not inventive over cited documents as above and are not allowable

u/s 2(1) (ja) of the Act."

The petitioner also relies on a number of other judgments to submit that

particular Controller is in habitually passing such unreasoned orders.

In view of non-appearance of the respondent and as a last opportunity,

the appellant is directed to serve a notice upon the Advocate appearing on

behalf of the respondent alongwith a copy of the Compilation of judgments

which have been filed in Court.

Let this matter appear on 25th June, 2025.

(RAVI KRISHAN KAPUR, J.)

Arsad, AR(CR)