The Critical Link between Disclosure in Provisional Spec. and Priority Dates: Lessons from a Madras HC Ruling

In a significant ruling by Madras High Court, an order of the Patent Controller was overturned and the application was remanded back for reconsideration for failing to consider the contentions raised on the priority date of the prior art while considering the issue of anticipation by prior claiming. The case involved an appeal against the order rejecting the application for a patent application concerning EC composition comprising Pendimethalin and Metribuzin.   A patent application seeking...