WATEROTOR ENERGY TECHNOLOGIES IN Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been filed for setting aside the deemed abandonment notice issued by respondent no. 2 in respect of the Indian Patent Application no. 202017037539 under Sec. 21(1) of the Patents Act, 1970.

(2.) The basic premise on which the present petition has been filed by the petitioner is that the petitioner is based in Canada and had engaged the First Patent Agent in Canada for filing patent application in India. The First Patent Agent appointed another Second Patent Agent in India, to file and prosecute the patent application in India. On account of certain miscommunications, the petitioner missed the deadline, and the reply to the First Examination Report ('FER') issued by the respondent no. 2, was not filed on time.

(3.) Learned counsel appearing for the petitioner submits that he does not wish to go into the issue with respect to the negligence on the part of the First or the Second Patent Agent. He submits that the fact remains that the petitioner never received the communication with respect to the FER.