JITENDRA KOHLI Vs. CONTROLLER OF PATENTS

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The present appeal under sec. 117A Patents Act, 1970 (hereinafter "Act") has been filed challenging the impugned order dtd. 12/6/2020 passed by the Assistant Controller of Patents and Designs. Vide the said order, the Appellant's application No.3290/Del/2005 has been rejected under Sec. 15 of the Act.

(3.) The background of the case is that the Appellant has filed a patent application titled "process for conducting electronic tendering on secured platform" vide provisional application dtd. 7/12/2005. The complete specification was, thereafter, filed by the Appellant on 7/12/2006. However, the First Examination Report (hereinafter "FER") was only issued by the Respondent 10 years later on 29/1/2016 in which the grant of patent was objected on the ground of lack of novelty, and non-patentability under Ss. 3(k), and 3(m) of the Act.