Madras High Court
Balasubramanya Hanagal Manjunath … vs The Controller General Of on 19 October, 2024
W.P.(IPD).No.25 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
CORAM
DATED : 19.10.2024
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.(IPD).Nos.25 of 2024
Balasubramanya Hanagal Manjunath … Petitioner
Vs
The Controller General of
Patents, Designs and Trademarks
The Controller of Patents and
Designs Patent Office, IPR Building,
SIDCO Plot, GST Road,
Guindy, Chennai – 600 032. … Respondent
PRAYER:- This Writ Petition has been filed under Article 226 of
Constitution of India, to issue a Writ of Mandamus to direct the respondent
to accept petitioner's application for restoration (Form 15) of Patent
No.385112 granted on 24.12.2021 and pass such other orders.
For Petitioner : Ms.V.Priya
For Respondent : Mr.K.Subbu Ranga Bharathi
CGC
ORDER
This writ petition has been filed to direct the respondent to accept
petitioner's application for restoration (Form 15) of Patent No.385112
granted on 24.12.2021 and pass such other orders.
2. Heard Ms.V.Priya, learned counsel appearing for the petitioner and
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Mr.K.Subbu Ranga Bharathi learned Central Government Standing Counsel
appearing for the respondent.
3. The learned counsel for the petitioner would contend that the
petitioner to protect his invention had applied before the respondent and was
also granted Patent with an requirement to pay the annuity by 25.03.2022.
He had also made the payment to the agent which had been acknowledged
by him on 12.02.2022. Therefore, the petitioner was under the impression
that his Patent has been renewed.
4. In the interregnum, the mother of the petitioner also fell ill and died
on 14.04.2023. The petitioner's younger son had also been diagnosed with
autism spectra disorder. In such circumstances, he was unable to contact this
agent with regard to the renewal. Only when he had filed a suit in
O.S.No.911 of 2024 before the Additional City Civil Court, Bengaluru, had
came to his knowledge that the Patent has not been renewed and he had to
withdraw the suit and immediately thereafter, he had taken up an application
for restoring his application and the same had not been accepted by the
respondent. Hence, the present petition has been filed seeking to direct the
respondent to accept the petitioner's application for restoration of the Patent
granted to him on 24.12.2021.
https://www.mhc.tn.gov.in/judis
5. She had relied upon the judgment of the Hon'ble Delhi High Court,
where in similar circumstances, the Official respondent was directed to
accept the said application for restoration.
6. The learned Standing Counsel appearing on behalf of the
respondent contend that to support the reasons, the petitioner had not
produced any documents whatsoever and therefore, the same is bereft of any
material evidence and therefore, would request this Court to dismiss the Writ
Petition.
7. I have considered the submissions made by the learned counsels
appearing on either side and perused the materials available on record.
8. It is an admitted case that the petitioner had filed an application for
grant of Patent and was also granted the same. He had not made appropriate
application within the stipulated time for renewal and therefore, he had made
an application for restoration of the Patent.
9. I have also perused the judgment relied upon the learned counsel
appearing for the petitioner. It could be seen that what is to be protected is
the invention made by the petitioner which he seeks to be Patented. If the
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request of the petitioner is not granted that would cause serious prejudice to
him as the time and efforts for the invention would all go waste and the same
would not be protected. It could be a perversity of justice on technical
ground, if the claim of the petitioner is rejected.
10. Considering the aforesaid principle, I am inclined to allow the Writ
Petition and issue the Mandamus as prayed for.
11. In fine, the Writ Petition is allowed and the respondent is directed
to accept the petitioner’s application for restoration (form 15) of Patent
No.385112 granted on 24.12.2021.
19.10.2024
Gba
Index : Yes/ No
Speaking Order/ Non-speaking Order
Copy to:
The Controller General of
Patents, Designs and Trademarks
The Controller of Patents and
Designs Patent Office, IPR Building,
SIDCO Plot, GST Road,
https://www.mhc.tn.gov.in/judis
Guindy, Chennai – 600 032.
https://www.mhc.tn.gov.in/judis
K.KUMARESH BABU,J.
GBA
19.10.2024.
https://www.mhc.tn.gov.in/judis
