The Intellectual Property Rights Attorney Association (IPRAA)’s representation seeking a provision of express request for examination of a patent application will be disposed of in three months.
Counsel for the Union Department of Industrial Policy and Promotion (DIPP) made the submission when a public interest litigation petition by the association came up before a Vacation Bench comprising Justices M.M.Sundresh and K. Ravichandra Baabu on Wednesday.
The association, represented by its president P. Sanjai Gandhi, said a legal provision of express request for examination of a patent application was required for a speedy disposal of applications by Indian individuals and companies.
Applications for patent will not be examined unless the applicant made a request for examination.
If no such request for examination was filed within the prescribed time limit, 48 months from the date of application, the application would be treated as withdrawn.
The Patents Act did not provide for an express request for examination by Indian individuals or companies. Foreigners were allowed to process the examination report in a speedy manner, whereas Indians had to wait for years together to get the examination report completed. This would greatly prejudice Indian patents. Hence, the present petition. The association made a representation on April 5 to the DIPP.
The Bench recorded the department’s submission. It disposed of the petition.
