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The Delhi High Court has set aside the Indian Patent Office’s order refusing Nippon Steel Corporation’s patent application for a “high-strength steel sheet and manufacturing method”, holding that the Patent Office adopted an incorrect approach on “proof of right.”
In C.A.(COMM.IPD-PAT) 10/2025, decided on December 24, 2025, Justice Tejas Karia ruled that an employer–employee (employment) agreement, duly signed by the (now deceased) inventor, can be an acceptable document to meet the Section 7(2) requirement of “proof of the right” under the Patents Act.
The Patent Office had refused the application (order dated November 27, 2024) on the ground that proof of right was not established for one inventor who had passed away, and suggested the need for additional documentation such as assignment from a legal representative.
Allowing the appeal, the Court set aside the refusal and directed the Patent Office to examine the subject application and proceed “in accordance with law” for grant-related steps.
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