2010-at-the-IPO-An analysis of the controller’s decisions

The Controller’s Office provided 115 decisions on its website decided between 1/1/2010 and 31/12/2010.  A large number of these decisions were not linked to the relevant file and therefore could not be accessed.  The list mentions nine post grant opposition  proceedings, 15 pre-grant opposition proceedings, 71 proceedings under section (u/s) 15 (office actions), four proceedings u/s 14, one u/s 25, one u/s 60 and six u/s 77.
Out of the nine post-grant opposition proceedings, there were five cases where no file was uploaded, one case where the patent was revoked, two applications were dismissed and the patent was maintained, and partial revocation (cancellation of some claims) in one case.
Out of the 15 pre-grant opposition proceedings, there were three cases where no file was uploaded, three cases where the application was allowed (and consequently refusal to grant a patent) and nine cases where the applications were dismissed and application was allowed for further proceedings/grant.
71 Section 14/15 cases were decided by the Controller where the Examiner’s decisions were at issue.  Out of these 71, there was no file in 26, 12 cases where the Examiner was reversed and 33 where the Examiner’s decisions was sustained.

Post grant


The complete set of data can be seen here and it is summarized as a PDF file here.  Given the incompleteness of data (~50% cases have no file uploaded), no definite conclusions can be made. 

Those of our readers who are preparing to take the upcoming patent-agent’s examination should read the decision of the Controller in at least some of these cases to see the actual working of the sections involved.  Good-luck for the examination.

Rajiv Kr. Choudhry

Rajiv did his engineering from Nagpur University in 2000 in electronics design technology. He has completed his LL.B. from Delhi University, Law Center II in 2006, while working as an engineer at ST Microelectronics in NOIDA. After his LL.B., he went on to The George Washington Univeristy, Washington DC to do his LL.M. in 2007. After his LL.M., he has worked in the US at a prestigious IP law firm based out of Philadelphia. Till 2014, he was Of-Counsel to a Noida based IP law firm where he specialized in advising clients on wireless, telecommunication, and high technology. Rajiv is the founder of Tech Law Associates, a New Delhi based law firm specializing in IP law, with a focus on high - technology, and patent law. His core IP interest areas are the intersection of technology and IP, Indian IP policy, innovation, and telecommunications patents. He is also an inventor with pending applications in machine-to-machine communications domain (WO2015029061).


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