Disposed

Fraunhofer Gesellschaft Zur Forderung Der Angewandten Forschung E v. vs Assistant Controller of Patents and Designs

Bombay HC11 Nov 2025COMMP/141/2025

Case brief

AI extract

What is this about?

Patent application petition challenging a Patent Office order; respondents conceded the petitioner's timely FER reply was lost to a technical glitch and agreed to reconsider it. The court quashed the impugned order and directed respondents to consider the reply and pass an appropriate order, disposing of the petition.

What the court decided

AI extract

Fraunhofer Gesellschaft Zur Forderung Der Angewandten… — Intellectual Property | Bombay HC (2025)

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42-COMMP-141-2025.DOC

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION

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COMMERCIAL MISCELLANEOUS PETITION NO. 141 OF 2025 Fraunhofer Gesellschaft Zur Forderung

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Der Angewandten Forschung E V ...Petitioner

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Versus Assistant Controller Of Patents And Designs & Anr. ...Respondents

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Ms. Swati Mittal (through V.C.) a/w Mr. Manish Aryan, Ms. Paulome Mehta, Ms. Manisha Singh, Mr. Abhai Pandey, Mr. Nishant Rai, Ms. Shivani Singh and Ms. Shweta Nisar i/b Sonal Doshi & Co., for the Petitioner.

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Mr. Yashodeep Deshmukh a/w Ms. Vaidehi Pradeep, Mr. Aniket Bomble i/b Carina, for the Respondents.

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CORAM : ARIF S. DOCTOR, J. DATE : 18th NOVEMBER 2025

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P.C.

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The present Commercial Miscellaneous Petition seeks the following

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substantive reliefs:

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"a) This Hon'ble Court be pleased to admit the present Petition and after considering the aforesaid substantial grounds allow the petition;

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(b) This Hon'ble Court be pleased to set aside/quash the impugned order dated December 31, 2024 being Exhibit "A" hereto;

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(c) This Hon'ble Court be pleased to remand the present patent application back to the Patent office for the grant of the patent and to the other responsible officer of the Patent office other than the officer who passed the impugned order;

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(d) Passing any other appropriate relief, order and/or direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case and to meet the ends of and in the interest of justice; and "

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Vaibhav

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42-COMMP-141-2025.DOC

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Mr. Deshmukh, learned counsel appearing on behalf of the Respondents has adopted a fair stand. He submits that though the reply to the First Examination Report (FER) was filed by the Petitioner on 9 th September 2022, the same did not reflect on the records on account of a technical glitch on the part of the Respondents. He submits that the said reply, having been filed in time, will now be considered by Respondent No.2 and an appropriate order will thereafter be passed. He submits that in these circumstances, the order dated 31 st December 2024 can be quashed and set aside.

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Accordingly, I pass the following order:

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(i) The order dated 31st December 2024 is quashed and set aside.

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(ii) The Respondents shall consider the reply filed on 9th September 2022 and thereafter pass an appropriate order/further directions, as the case may be.

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The Miscellaneous Petition is disposed of in the aforesaid terms.

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[ARIF S. DOCTOR, J.]

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Vaibhav

Fraunhofer Gesellschaft Zur Forderung Der Angewandten Forschung E v. vs Assistant Controller of Patents and Designs

Case brief

What is this about?

What the court decided

Fraunhofer Gesellschaft Zur Forderung Der Angewandten Forschung E v. vs Assistant Controller of Patents and Designs

Case brief

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What the court decided

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