IN THE HIGH COURT OF DELHI AT NEW DELHI
NITTO DENKO CORPORATION ..... Petitioner
Through: Mr. Pravin Anand, Mr. Shrawan Chopra and Ms. Prachi Aggarwal,
UNION OF INDIA and ORS ..... Respondents
Through: Mr. Sumeet Pushkarna and Mr. Varun Dubey, Adv. for R-1 to 3
HON'BLE MR. JUSTICE RAJIV SHAKDHER
O R D E R
Allowed subject to just exceptions.
The learned counsel for the petitioner submits that in accordance
with the provisions of Rule 24 B(3) of the Patents Rules, 2003 (in short
the Rules), the first examination report is required to be issued to the
authorised agent ordinarily within six months from the date when the
request for examination is made or six months from the date of
publication, whichever is later.
Mr. Anand, the learned counsel for the petitioner submits that in
this case, a request for examination was made on 02.09.2011, while the
publication was made in 27.01.2012. It is stated that six months
W.P.(C) 3756/2013 Page 1 of 2
date of request for examination would expire on 02.03.2012 whereas six
months from the date of application would expire on 27.07.2012 and
therefore, if the aforementioned Rule is applied, the latter date being
27.07.2012, the first examination report should have been issued latest
by the said date or, at least within a reasonable time thereafter. It is
contended that the needful has not been done to date.
Mr. Pushkarna, who appears for the respondents accepts notice. He
is directed to file a counter affidavit with regard to not only the
averments made in respect of this particular case but generally as to
what is the state of affairs in the Patents office with regard to the
issuance of the first examination report. The said counter affidavit be
filed within four weeks. Rejoinder thereto, if any, be filed before the
next date of hearing.
List on 22.08.2013.
RAJIV SHAKDHER, J
MAY 30, 2013
W.P.(C) 3756/2013 Page 2 of 2