SHAMNAD BASHEER Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) During the course of hearing, all the learned counsels have pointed out that one of the major difficulties in ensuring compliance with the provision of section 146 of the Patents Act, 1970 is the manner in which Form-27 has been worded. It is page 1 of 4 submitted that this form was notified in the year 1970, and though amended in the year 2003, has failed to take into consideration the several scientific and technological requirements as well as the confidentiality issues relating to some of the patents.

(2.) We are informed by Mr. Amit Mahajan, learned CGSC that he has been instructed that the matter needs a re-look.

(3.) Given the fact that this writ petition complaining of several pitfalls, illegalities as well as the admitted position on the part of the respondents that section 146 of the Patents Act, 1970 has not been effectively worked, was filed as back as in the year 2015, this matter ought to have engaged the attention of the respondents long ago.