FERID ALLANI Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition challenges the order of the IPAB dated 25th March, 2013, by which the IPAB has dismissed the appeal filed by the Petitioner challenging the order of the Patent Office dated 18th November 2008, in effect, confirming the rejection of the patent application filed by the Petitioner.

(2.) The Petitioner, who is a citizen of Tunisia, filed a patent application No. IN/PCT/2002/00705/DEL seeking grant of patent for a "method and device for accessing information sources and services on the web". The claims in the patent consisted of both method claims and device claims.

(3.) The application entered the national phase in India through the PCT route. The filing date was 17th July, 2002, with priority date of 30th December, 2000. The first examination report dated 21st February, 2005 issued by the Patent Office raised objections as to lack of novelty and patentability under Section 2(1)(j) and Section 3 (k) of the Act. A further examination report was also issued on 21st September, 2005, which stated that despite the amendments made in the claims by the Petitioner, the application was still hit by Section 3(k). Challenging the said order dated 21st September, 2005, a writ was filed before this Court. On 25th February, 2008, a ld. Single Judge of this Court directed that the Patent Office ought to give reasons for the rejection, and accordingly the matter was remanded to the Patent Office. The operative portion of the said order reads as under: