Non-Technical Ground For Refusing A Patent: Non-Application Of Mind

Section 15 of the Patent Act empowers the Controller to refuse a patent if an applicant fails to comply with the requirements of the Patent Act or the Patent Rules. What appears at first sight, as a sweeping unbridled discretion of the Controller to refuse any patent, in fact, envisages using this discretion with caution or rather having a ridder to give an opportunity to the applicant to amend application, specification or the other documents to the satisfaction of the Controller before any adverse decision to refuse the patent is taken. This ridder is harsh when the application is refused purely on non-technical grounds.

The appeal courts in India have ordered corrective measures to be taken by the Controllers/Patent Office where applicants are refused purely on non-technical grounds. The courts are categorical in stating that the rights of the patent applicants should not be extinguished at the threshold without going into the technical merits of otherwise genuine