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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH
Edward Charles Troppi Smythe – Appellant
Versus
Controller General Of Patents Designs And Trade Marks, Mumbai – Respondent
| Table of Content |
|---|
| 1. petitioner's patent fulfillment procedures (Para 1 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments on application abandonment (Para 9 , 10) |
| 3. examination request timelines under law (Para 11 , 12 , 13 , 14) |
| 4. assessment of abandonment intent based on errors (Para 15 , 16 , 17 , 18) |
| 5. evaluation of invention's utility and patent pursuit (Para 19 , 20) |
| 6. court's directive for application processing (Para 21 , 22) |
ORDER :
N.ANAND VENKATESH, J.
This writ petition has been filed for the issue of writ of Mandamus directing the respondent to accept the petitioner’s request for examination under Form 18 in the Indian Patent Application No.IN202447028876 and to process the same in accordance with law.
2. Heard Ms.Preeti Mohan, learned counsel for the petitioner and Mr.K.Subbu Ranga Bharathi, learned Central Government standing counsel for respondent.
3. The petitioner is a US Citizen and his US and International patent is pending for Prediction, Visualisation and Remediation of Satellite Conjunctions. The petitioner filed the provisional patent application in the USA on 10.09.2021. Thereafter on 08.09.2022, the petitioner filed the 2nd patent application in US. On 09.09.2022, the petitio
The court ruled that a patent application cannot be deemed abandoned due to an error by the applicant's agent unless intentional abandonment is proven.
Court may allow reinstatement of patent applications deemed abandoned due to patent agent's negligence if applicant shows no intent to abandon and diligent follow-up.
The Controller does not have the power to extend the time for filing a response to the FER under Section 21 of the Act and Rule 24B of the Rules. However, the Court can exercise its writ jurisdiction....
The court ruled that a patent application cannot be treated as withdrawn if the applicant intended to pursue it, despite delays in response from the Patent Office.
The court affirmed that rejection of a patent application must adhere to principles of natural justice, including proper examination and opportunity to respond, underscoring the importance of procedu....
An appeal under Section 117A of the Patents Act is not maintainable against an order passed under Section 21(1), which deems a patent application abandoned if the applicant fails to comply with all r....
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