Enablement Requirements Redefined By The Delhi High Court

The Delhi High Court, while dealing with an appeal filed against a Controller's order has redefined the working example requirement in the complete specification. These clarifications are provided by the court in the matter of Titan Umreifungstechnik GMBH and Co. KG versus Assistant Controller of Patents and Designs as Anr.

Titan Umreifungstechnik GMBH and Co. KG (hereinafter referred to as "the Applicant") filed application no. 7529/DELNP/2014 as a national phase application of PCT/EP2012/069237 for the invention titled "Plastics Material Strapping Band and Method for Producing a Plastics Material Strapping Band (hereinafter referred to as "the Application"). During the prosecution of the application, the Controller vide order dated 20 July 2020, has refused the application on two grounds, (1) non-fulfilment of requirements under section 2(1)(ja) (lack of inventive step); and (2) non-compliance with section 10(4) of the Act (lack of definitiveness and lack of