JUDGMENT :

The petitioner is a Japanese national. He applied for the registration of a patent with the 1st respondent on 1.2.2008. It is submitted that the petitioner had earlier filed an application for a patent on 1.7.2005, in Singapore, for the same invention. Following the examination of the application, the same was published on 19.9.2008 and the first examination report was generated on 11.12.2012. The first examination report was received by the writ petitioner on 14.12.2012. The writ petitioner had a statutory period of 12 months from the date of the first examination report to submit his response to the examination report in terms of Section 21(1) of the Patents Act, 1970 read with Rule 24-B of the Patent Rules, 2003. The writ petitioner submitted his response to the first examination report on 13.12.2013 by Ext.P4 dated 26th March 2014. The writ petitioner was informed that his application had been deemed as abandoned as he had not responded within the time statutorily specified. It is challenging this communication that this writ petition has been filed.

2. The learned counsel for the writ petitioner would submit that Ext.P.1, which is the First Examination Report, though