Delhi High Court clarifies Indian patent hearing notice requirements

The Delhi High Court has issued a ruling regarding the procedural requirements for patent refusal notices in India. In the case of Glisten LLC v. The Assistant Controller of Patents & Designs, the court set aside a refusal based on a lack of inventive step because the hearing notice had failed to include the specific grounds for that objection.

The decision establishes that the Controller must communicate every proposed ground of refusal to the applicant within the hearing notice, providing a genuine opportunity to respond. This requirement extends to any documents relied upon by the Controller. Furthermore, for objections under Section 3(d) concerning new forms of known substances, the notice must explicitly identify the substance in question.

Under the Patents Act, 1970, the hearing notice serves as the Controller’s statement of remaining objections after an applicant has replied to the First Examination Report (FER). While the Controller is not obligated to grant a patent, they are legally bound to ensure the applicant is fully informed of the specific grounds for potential refusal.