IP Case Digest · Patents

Cambridge Enterprises Ltd. v. The Controller General of Patents and Designs and Anr., IPDPTA/101/2023

Case number
IPDPTA/101/2023
Date of judgment
Judge
Ravi Krishan Kapur
Outcome
Set aside

Headnote

A national phase application was refused as filed beyond the thirty-one month deadline. The official filing receipt and the Office's own note-sheet endorsement both showed it was filed three days inside that deadline, and on instructions the Office accepted that the date recorded in the order was a computer generated error.

Read the judgment (PDF)

Disposition

Allowed. Impugned order set aside, with a clarification that the application was filed within the stipulated period and there was no delay.

Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.