Wrong facts? Delhi HC slaps Rs 1 lakh fine on Google

The Delhi High Court observed that Google's plea was turned down because it lacked creative measures and imposed the fine of Rs 1 lakh.

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Sonia Dham
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Courtesy: wikimediacommons

The Delhi High Court on Tuesday while dismissing its appeal imposed a fine of Rs one lakh on Google for conveying incorrect facts and for its failure to disclose the information surrounding the refusal of the application by the European application Office (EPO).

The application was dismissed by Justice Pratibha M Singh filed by Google against the Assistant Controller of Patent and Design. Google has shifted its patent grant application, which was named "Managing Instant Messaging Sessions on Multiple Devices."

The High Court observed that Google's plea was turned down because it lacked creative measures. Google asserted, however, that the application was dropped prior to EPO. 

Justice Singh said that EPO application was abandoned with a couple of facts that corresponding EU application comprised of two applications rather than one, including divisional application and rejected due to lack of inventive step.

It further said that the appellant not only presented the wrong facts but also failed to disclose the information regarding the refusal of the EU parent application that was filed consequently.

The Assistant Controller of Patent and Design denied Google's application due to insufficient creative steps.
Before the Intellectual Property Appellate Board (IPAB), it had contested the order. After IPAB was abolished, the appeal was moved to the High Court.

"The Controller is right when he holds that the step contemplated in the subject patent application lacks inventive step and is obvious to a person skilled in the art," the High Court stated in dismissing the appeal. Thus, the appeal is not tenable and is liable to be dismissed, the bench added.