Unreasoned Rejection of Patent Application Cannot be Sustained, Rules Bombay High Court

The Bombay High Court quashed an order of the Department of Atomic Energy (DAE) rejecting a patent application filed by US-based Huntington Alloys Corporation for an “Ultra Supercritical Boiler Header Alloy and Method of Preparation.”

The Court held that the DAE’s communication merely stating that the invention “relates to atomic energy” without giving any reasons was legally unsustainable.

Emphasising that reasoned orders are essential for fairness and judicial review, the Court observed that the applicant was entitled to know the basis of rejection and seek appropriate remedies.

It accordingly set aside the impugned order and directed fresh consideration in accordance with law.

[Huntington Alloys Corporation v. UOI & Ors.]