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2022 Supreme(Del) 831

PRATHIBA M. SINGH
European Union Represented – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Mr. Peeyoosh Kalra, Mr. Vineet Rohilla, Mr. Rohit Rangi, Mr. Sudhindra Tripathi, Mr. Rohan Kapoor, Mr. Garvil Singh, Mr. Debashish Banerjee, Mr. Ankush Verma, Advocates, for the Appellant; Mr. Harish V. Shankar, CGSC, Ms. S. Bushra Kazim, Mr. Srish Kumar Mishra, Mr. Sagar Mehlawat, Advocates, for the Respondent.

ORDER

Prathiba M. Singh, J. (Oral). - This hearing has been done through hybrid mode.

2. These two writ petitions, W.P.(C)-IPD-5-2022 & W.P.(C)-IPD-6-2022 have been filed by the Petitioner- the European Union, represented by the European Commission located at Brussels, Belgium. The Petitioner is seeking setting aside of orders dated 21st January, 2019 and 30th September, 2019, passed by the Controller General of Patents. Vide the said orders, two patent applications bearing nos. 11123/DELNP/2012 and 3466/DELNP/2013, filed by the Petitioner have been treated as 'deemed to have been abandoned' under Section 21(1) of the Patents Act, 1970 (hereinafter, 'the Act ').

Brief Chronology of events in W.P.(C)-IPD-5-2022

3. The Petitioner filed Indian application no. 11123/DELNP/2012 on 21st December, 2012 through its Indian patent agent, Mr. Guruswamy Nataraj (hereinafter, ' first patent agent '). The said application was titled 'Method of Providing an Authenticate Time-and-Location Indication ', the bibliographic details of which are set out below:

Priority Application No.

EP 10166025.6

Earliest Priority Date

15/06/2010

PCT International Application No.

PCT/EP2011/058989

PCT International Filing Date

3

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