IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE Present:-

THE HON’BLE CHIEF JUSTICE T.S SIVAGNANAM HON’BLE JUSTICE CHAITALI CHATTERJEE DAS MAT 903 OF 2024 WITH CAN/2/2024 Gunjan Sinha @ Kanishk Sinha and Anr.

Vs.

Union of India Ors.

For the Appellants : Mr. Kanishk Sinha (In-Person)

Ms. Lipika Das Sinha (In-Person)

For the Respondent No. 1 & 2 : Mr. Sukumar Bhattacharyaa, Sr. Adv.

Mr. Avinash Kankani, Adv.

Last Heard on : 12.03.2025 Judgement on : 22.04.2025 CHAITALI CHATTERJEE DAS, J. :-

1. This intra Court appeal has been filed against the judgement and order dated May 7, 2024 passed in WPA No 8691 of 2023 dismissing the writ petition and upholding the validity of Section 53 of the Patent Act 1970 as intra vires the Constitution.

Brief Resume of the case

2. The applicant applied for grant of patent on 2^nd May,2025 as enumerated in Section 25 of the Patent Act and said Patent was granted on 28.12.2012 valid for 20 years with effect from the date of application i:e 2nd May, 2005. By virtue of deed of assignment dated July 20 ,2021 the present appellant No.1 assigned the entire share of Patent in favour of Appellant No.2 .Subsequently vide an Addendum Agreement dated June 8,2022 the said share was divided into 50% i:e 50% to Mr. Gunjan @ Kanishka Sinha and 50% is retained with the Appellant No. 1. The writ petitioner initially invoked the extraordinary writ jurisdiction with the prayers inter alia for extension of the Patent for 15years as a penalty for harassing the petitioner who is a citizen of India and for unnecessarily not implementing the order of injunction so that the term of the Patent shall come to an end along with the prayer for withdrawal and / or rescind section 53 of the Patent Act before the Hon’ble Court. The Learned Single Bench vide an order dated June 17,2022 dismissed the said Writ petition being WPA 1963 of2022 giving liberty to the petitioner to claim damages against the Authorities for the delay in granting Patent. The 1st Appellant filed an appeal before the Hon’ble Division Bench and raised the issue of constitutional validity of section 53 of the Patent Act, 1970. The Hon’ble Division Bench vide an order dated September 15,2022 dismissed the appeal with a liberty to the Appellant –in- person to approach the Writ court for Review. Accordingly the Review application was filed being RVW 224of 2022 in WPA no.1963 of 2022 which was also dismissed on March 14, 2023. The Appellant no. 1 then filed the subsequent Writ petition being WPA no.8691 of 2023 for issuance of the following directions :-

a) A writ in the nature of Mandamus commanding the respondents to decide the petitioner’s representation dated February 1, 2022 requesting for withdrawal/amendment and or rescinding Section 53 of the patent Act 1970.

b) A writ in the nature of Mandamus directing the respondents to rescind /cancel/withdraw the impugned Section 53 of the Patents Act

1970 and c) Writ in the nature of certiorari directing the respondents to produce the entire records of Act 39 of 1970 namely the Patents Act and on being so certified quash the impugned Section 53 of the Patents Act as ultra vires to the Constitution of India.

3. By way of an application for intervention dated April 25,2024 the Appellant No. 2 has been impleaded in the vide an order dated April 30,2024 in the original writ petition . The petitioner has challenged the validity of the procedures ,the decision of the Controller leading to the publication of the grant and the long period of waiting by the patentee who in case of any infringement cannot knock the court of law because of a specific stipulation mentioned in section 11 A(7) of the Patent Act,1970.The further contention of the appellants are they have come before this court by virtue of the liberty granted to him by the Hon’ble Court

4. The Learned Single Bench heard the said writ petition and dismissed the same with the observation that Section 53 of the Patents Act 1970 is intra vires the Constitution