ORDER

I.A. No........./2023 (to be numbered)

1. Registry is directed to number the afore-noted application.

2. Considering the fact that there has been only a short delay in filing the present appeal, application is allowed and the delay is condoned.

3. Disposed of.

C.A.(COMM.IPD-PAT) 301/2022

4. Petitioner's Indian Patent Application No. 2170/DEL/2008 for the invention "Text Selection Using a Touch Sensitive Screen of a Handheld Mobile Communication Device" [hereinafter, "subject invention"], was filed on 16th September, 2008, claiming priority since 26th October, 2007 from a corresponding European application. [European Application No.: 07119388.2.] First Examination Report was issued on 28th August, 2014, to which, Appellant responded on 13th March, 2015. Hearing was scheduled after four years on 23rd October, 2019, whereafter, vide order dated 23rd June, 2020, the Assistant Controller of Patents and Designs refused the application under section 15 of the Patents Act, 1970 [hereinafter, "impugned order"].

5. As nearly three-quarters of the twenty-year patent term have expired, the Appellant is confronted with a scenario in which, even if the questioned order were to be nullif