Case Law Analysis
|Madras High Court
Patents Act | Mismatch Between Provisional & Complete Specifications Requires Remand Under Sections 9(4) & 11(3)/(6) : Madras HC
Madras High Court ruled that a patent rejection based on a mismatch between provisional and complete specifications must be remanded for fresh consideration, as the Controller failed to apply Sections 9(4) and 11(3)/(6) of the Patents Act. The court emphasized that applicants must be given the opportunity to cancel provisional specifications rather than face outright rejection.