Introduction:

In a recent judgment by the Delhi High Court, a significant decision was rendered in the case of a patent application filed by Google LLC. The Court dismissed Google’s appeal against the refusal of patent grant, citing lack of novelty and inventive step. Additionally, the Court imposed costs on Google for presenting inaccurate facts and failing to disclose relevant information.

Arguments:

Google, represented by a team of advocates, contested the refusal of its patent application, arguing for the novelty and inventive step of the invention. However, the respondent, represented by counsel, highlighted discrepancies in Google’s submissions, including the non-disclosure of the rejection of its EU patent application. The Court noted Google’s failure to comply with disclosure requirements under the Patents Act and ultimately found the invention lacking in inventive step.

Court’s Judgement:

Justice Prathiba M Singh, delivering the judgment, upheld the refusal of the patent application and imposed costs on Google. The Court emphasized the importance of accurate disclosure and transparency in patent applications, reiterating that inventions must meet the criteria of novelty and inventive step. Notably, the Court ordered Google to pay Rs. 1 lakh in costs, with 50% to be deposited with the Controller General of Patents, Designs and Trade Marks, and the remaining amount to be paid to the Union Government’s standing counsel.