Calcutta High Court Upholds Due Process in Kamterter Case

Calcutta High Court sets aside rejection of seed testing patent, emphasizes need for reasoned orders

In a significant development, the Hon’ble Calcutta High Court (IP Division) has allowed the appeal filed by Kamterter Products LLC, setting aside the rejection of its patent application IN 1044/KOLNP/2010 relating to a novel Seed Testing Method and Apparatus.

The Court observed that the order of refusal issued by the Assistant Controller of Patents under Section 15 of the Patents Act was unreasoned and violated principles of natural justice. The Appellant successfully argued that the impugned order failed to provide any rationale despite extensive submissions being made and considered during prosecution.

Background

The invention at the heart of this appeal provides a method to test seed viability and vigor under a stress-inducing atmosphere.

Despite a detailed response to the First Examination Report (FER) and post-hearing submissions, the application was refused on the basis of Section 3(h) of the Act (i.e. a method of agriculture or horticulture)— without sufficient explanation.

Observations of the Court

The Hon’ble Court emphasized the necessity of reasoned decision-making, stating that an order must contain the "why" to justify the "what." The Hon’ble Single Judge relied on several judicial precedents cited by the Appellant highlighting the critical role of reasoning in administrative decisions.

Outcome

• The impugned refusal was set aside.

• The matter was remanded to the Controller for fresh consideration within two months.

  
  

Why This Matters

This ruling reaffirms that patent applicants are entitled to reasoned decisions, especially when technical and legal issues are extensively debated. It underscores the role of IP Divisions in ensuring procedural safeguards within the patent prosecution system.