TRYTON MEDICAL INC. Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed the present petition, inter alia, praying as under :-

(2.) The petitioner filed its PCT application no. PCT/US/2010/040962 with the United States Patent and Trade Mark Office claiming priority from the US application nos.61/222744 dated 007.2009 and 61/243433 dated 17.09.2009 and accordingly, the petitioner was required to file the National Phase Application within a period of 31 months from the said date; that is, on or before 00201

(3.) The petitioner filed its National Phase Application along with an application under Rule 138 of the Patents Rules, 2003 seeking condonation of delay of 8 days in filing the national phase application.