Swear Healthcare Private Limited vs Controller Of Patents And Designs
2026 Latest Caselaw 1052 Cal/2

Calcutta High Court

Swear Healthcare Private Limited vs Controller Of Patents And Designs on 17 February, 2026

Author: Ravi Krishan Kapur

Bench: Ravi Krishan Kapur

OIPD-13

                           IN THE HIGH COURT AT CALCUTTA
                           Intellectual Property Rights Division
                                     ORIGINAL SIDE

                                     IPDAID/3/2026
                                 IA NO: GA-COM/1/2026

                   SWEAR HEALTHCARE PRIVATE LIMITED
                                  VS
 CONTROLLER OF PATENTS AND DESIGNS, THE PATENT OFFICE, KOLKATA AND ORS.


BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR
Date : 17th February, 2026
                                                                                   Appearance:
                                                                   Mr. Shuvasish Sengupta, Adv.
                                                                         Mr. Souvik Ghosh, Adv.
                                                                             ...for the appellant.

                                                                       Mr. S. Chakraborty, Adv.
                                                                      Ms. Garima Raijada, Adv.
                                                               ...for the respondent nos.1 and 2.

Mr. Jishnu Saha, Sr. Adv.

Ms. Kurti Gupta, Adv.

Mr. Ishaan Saha, Adv.

Ms. Ruchira Gupta, Adv.

Ms. Sananda Ganguli, Adv.

Mr. Satyam Bhamsaria, Adv.

...for the respondent no.3.

Re.: GA-COM/1/2026

The Court: This is an application seeking condonation of delay in the filing of

this appeal.

The respondents are represented and oppose the prayer for condonation.

Upon perusal of the application, I am satisfied that there is sufficient cause

as to why the appellant was unable to file the appeal within the prescribed period.

In view of the above, there shall be an order in terms of prayer (a). The delay

in filing this appeal stands condoned.

GA-COM/1/2026 stands disposed of.

Re.: IPDAID/3/2026

By consent of the parties, the appeal is taken up for hearing.

It is submitted on behalf of the respondents that all relevant documents are

not on record.

In view of the above, the appellant is directed to file Paper-Books within four

weeks from date.

The respondents are directed to furnish a list of all such missing documents

on the appellant.

Let this matter appear in the monthly list of April, 2026.

(RAVI KRISHAN KAPUR, J.)

spal