SHAMNAD BASHEER Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) This writ petition is concerned with issues relating to the working of patents under the Patents Act, 1970. It appears that concerned with the several issues relating to Section 146 of the Patents Act, 1970 (as amended) read with Rule 131 of Patents Rules, 2003; Form 27 prescribed therein and the implementation of the provisions provided under Section 122, the office of the Controller General of Patents, Designs and Trademarks has initiated an exercise of examination of these provisions from the perspective as to whether changes/amendments thereto need to be effected.

(2.) In this regard, a stakeholder consultation meeting was scheduled to be held on 21st March, 2018. We are informed that pursuant thereto, a stakeholder consultation has actually been held at Delhi on 6th April, 2018.

(3.) By our order dated 15th March, 2018, we had directed the respondent no.1 to place before this court a reasonable timeline within which the consultation would be completed, suggestions received, examined and such amendments as may be deemed necessary, effected to the Patents Act, 1970 and Rules thereunder. Pursuant to our directions, respondent no.1 has filed an affidavit dated 20th April, 2018 by Dr. Suman Shrey Singh, Deputy Controller of Patents & Designs in the Patents Office, Delhi, who is also personally present in court.