CARLOS ALBERTO PEREZ LAFUENTE Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petition impugns the communication dated 25 th November, 2010 of the respondent no.4, Office Supdt. THE Patent Office of Government of India, intimating that Form 18 in respect of the Patent Corporation Treaty (PCT) application preferred by the petitioner could not be taken on record.

(2.) THE counsel for the petitioner has contended that the Form 18, for examination of the patent application, filed by the petitioner on 19 th November, 2010 has not been accepted for the reason of the same having been filed beyond the time prescribed in Section 11B of THE Patents Act, 1970 r/w Rule 24 B(1)(i) of THE Patents Rule, 2003.

(3.) BEING of the view that the contentions of the petitioner (as have been raised in the petition) have not been examined by the respondent no.2 Controller General of Patents, Designs, Trademarks and Geographical Indications and that if a prima facie case is found in favour of the petitioner, it is appropriate that the matter be remanded for consideration and for a reasoned order by the authorities concerned, the counsels have been heard.