The Delhi High Court recently overturned a patent office decision that an application should be deemed abandoned, say Manoj Singh and Shrimant Singh.
The Delhi High Court recently overturned a patent office decision that an application should be deemed abandoned, say Manoj Singh and Shrimant Singh.
The Indian Patents Act, 1970 provides that if an applicant does not comply with the requirements of the act or the instructions of the patent office within the prescribed time limit, then the patent application shall be deemed ‘abandoned’.
The Delhi High Court on March 11, 2010, in Telefonaktiebolaget LM Ericsson v. Union of India and Ors looked into the issue of ‘deemed abandonment’ under Section 21(1) of the act. This case raised an important issue regarding the rejection of an application by the Controller of Patents under this section.
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Delhi High Court, abandonment, patent application, FER, Indian Patents Act
