V.S. DEVARAJAN Vs. HYDERABAD INDUSTRIES LIMITED SANATHNAGAR

JUDGEMENT

(1.) THIS application is for revocation of Patent No. 188942 filed on 26/04/1996 and the publication of the patent was on 30/11/2002. The patent has not been renewed after 2008. This is admitted by the learned counsel for the respondent also. Certified copy of the extract from the Controller General's office shows that the patent has ceased to exist on 28/04/2008. The learned counsel for the respondent submits that they have filed an application for restoration. The restoration of the lapsed patent shall be done in accordance with S.60 of the Patents Act, 1970 (Chapter XI). The learned counsel for the applicant submits that he is not arguing on the grounds for revocation of the patent which has ceased to exist. The ORA/3/2011/PT/KOL is closed. The Miscellaneous Petition No. 48/2012 for early hearing is disposed of. We make it clear that the Controller shall not pass any order on the lapsed patent without hearing the applicant herein.