The High Court of Madras dismissed an appeal against patent grant as infructuous since the patent had expired and was no longer in force as of 07.07.2021.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.11.2023
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
(T)CMP(PT)/43/2023 (T)CMA(PT)/SR.223/2023 (OA/SR.165/2016/PT/CHN)
M/s. A. Murugan Old No. 10/34, New No. 11/46, North Main Road, Sehiyathope (PO), Chidambaram TK, Tamil Nadu. ... Petitioner
-vs-
1.M/s. Union of India represented by The Controller of Patents Patent Office Branch at Chennai IP Buildings, GST Road, Guindy, Chennai - 600 032.
2.M/s. Dow Global Technologies INC 2040, Dow Center Midland, Michigan 48674 U.S.A. ... Respondents
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PRAYER in (T)CMP(PT)/43/2023 : Transfer Civil Miscellaneous Petition (Patents) is filed under Section 5 of the Limitation Act, praying to condone the delay of 8 months in filing the present Appeal for the reasons said above and take the appeal on file and thus render justice.
PRAYER in (T)CMA(PT)/SR.223/2023 : Transfer Civil Miscellaneous Appeal (Patents) is filed under Section 117-A of the Patents Act, 1970, praying to set aside the order made in No.POCB.126/CHENP/2008/ dated 06.07.2015 passed in Pre-Grant Opposition filed against Patent Application Number 126/CHENP/2008 communicated on 08.07.2015 and received by the Appellant on 10.07.2015 and set aside the same, and set aside review order dated 01.02.2016 passed in the Review application filed against the order passed in No.POCB/126/CHENP/2008/dated 06.07.2015 passed in Pre-Grant Opposition filed against Patent Application Numb12 126/CHENP/2008 and revoke Patent No.267238 granted for Patent
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application number 126/CHENP/2008 and dismiss the Patent Application No.126/CHENP/2008 and revoke Patent No.267238 granted for the same and award costs.
For Petitioner : No Appearance
For Respondent 1 : Mr.K.Gunasekar, CGSC
For Respondent 2 : Mr.Julick Isaiah for M/s.De Penning and De Penning
ORDER
Learned counsel for the second respondent submits that the patent was not renewed after 07.07.2021 and that the last date for renewal thereof also expired. Since the intended appeal relates to revocation of Patent No.267238, which is no longer in force, such appeal has been rendered infructuous. Therefore, this petition is dismissed and the appeal stands dismissed as infructuous in the SR stage.
27.11.2023
rna
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Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No
SENTHILKUMAR RAMAMOORTHY,J
rna
(T)CMP(PT)/43/2023 (T)CMA(PT)/SR.223/2023 (OA/SR.165/2016/PT/CHN)
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27.11.2023
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M/s. A. Murugan
Union of India
M/s. Dow Global Technologies INC
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
