SNEHLATA C GUPTE Vs. UNION OF INDIA

JUDGEMENT

(1.) The short but interesting question of law common to all these petitions: When can a patent be said to be granted under the Patents Act, 1970 ('Act')? The question arises in the context of the dismissal of pre-grant oppositions by the Controller of Patents ('Controller') on the ground that they were time-barred under Section 21 of the Act.

(2.) The factual background in each set of petitions is necessary to be set out in order to appreciate how the question arises for determination in each of them. Writ Petition (C) Nos. 3516,3517,5422 and 5423 of 2007 (1st Set of Petitions)

(3.) J. Mitra & Company Respondent No. 5 in W.P. (C) No. 3516 of 2007 filed two patent Application Nos. 590/Del/2000 and 593/Del/2000 in the Office of the Controller on 14th June 2000. The patent specifications involved in the two applications were published in the official gazette on 20th November 2004 in terms of Section 11A of the Act. At that stage, Section 25 of the Act had not been amended. Under Section 25 of the pre-amended Act, an opposition to the grant of patent had to be filed within four months from that day i.e., the date of advertisement (publication) which period could be extended by one month upon the Controller being satisfied by the reasons given for such delay.