Rajat, the proprietor of RC Associates, filed an application for a patent with the Controller for his new invention of a "Smart Watch." However, the Controller is of the opinion that the invention cannot be performed wit

Section 19 of the Patents Act, 1970 provides that if in consequence of the investigations it appears to the Controller that an invention in respect of which an application for a patent has been made cannot be performed without substantial risk of infringement of a claim of any other patent, he may direct that a reference to that other patent, be inserted in the applicant's complete specification by way of notice to the public within such time as may be prescribed, unless the applicant shows to the satisfaction of the Controller that there are reasonable grounds for contesting the validity of the said claim of the other patent; or the complete specification is amended to the satisfaction of the Controller. The reference shall be inserted in the following form, namely: "Reference has been directed, in pursuance of Section 19(2) of the Patents Act, 1970 to Patent No......." Where after a reference to another patent has been inserted in a complete specification in pursuance of a direction under Section 19(1): that other patent is revoked or otherwise ceases to be in force; or the specification of that other patent is amended by the deletion of the relevant claim; or it is found, in proceedings before the court or the Controller, that the relevant claim of that other patent is invalid or is not infringed by any working of the applicant's invention, the Controller may, on the application of the applicant delete the reference to that other patent.