Short Summary
R J Reynolds Tobacco Company challenged an order by The Controller General of Patents and Designs, which had refused its patent application. The refusal was based on Section 3(b) of the Patent Act, citing concerns over public order or morality due to the nature of tobacco products. The appellant argued that the process—a method for preparing a sugar-containing syrup from Nicotiana species stalk (tobacco flavourant)—should not be rejected simply because all forms of tobacco are injurious. The court directed the Controller to take necessary instructions before further proceedings.
Detailed Summary
of the Paris Local Division of the Unified Patent Court concerning a request for extension of time filed by the Bosch defendants. The judge-rapporteur rejected Bosch's request, finding that a non-redacted version of Valeo's 15 June 2026 filing had been deposited in the CMS simultaneously with the redacted version, and that Bosch had failed to exercise due diligence in accessing it. The court ruled that the deadlines under R.29(d) RdP run from 15 June 2026.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before Calcutta High Court. Understanding the court's reasoning in R J Reynolds Tobacco Company (Sr ...) vs The Controller General Of Patents Designs And Trademarks is valuable context for structuring arguments or assessing risk in similar proceedings.
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