FERID ALLANI Vs. UOI

JUDGEMENT

(1.) By this writ petition, the petitioner assails the communication dated 21st September, 2005 whereby the Controller of Patents and Designs omitted certain objections in the patent application of the petitioner and at the same time, informed the petitioner that the last date of putting the application in order for acceptance will expire on 21st September, 2005. Inter alia this communication is assailed on the ground that the same was received by the petitioner only on the 24th of September, 2005 and consequently, the petitioner has been deprived of an opportunity of complying with the requirements communicated in the same.

(2.) It has further been contended that as notified by the respondent No. 2 in the communication, it has treated the patent application of the petitioner as having been abandoned. The challenge is on the ground that the communication and the action of the respondent is patently illegal and liable to be set aside and quashed.

(3.) The facts giving rise to the present writ petition have to be examined upon a consideration of the scheme of the Patents Act, 1970. The statutory provisions which are also required to be examined are those which were applicable on the date of consideration of the petitioner's application.