IP Case Digest · Patents

R. Vishnu Prasad v. The Controller of Patents, CMA(PT) No.17 of 2024

Case number
CMA(PT) No.17 of 2024
Date of judgment
Judge
Anita Sumanth
Outcome
Allowed

Headnote

Application deemed abandoned under section 21(1) because the reply to the First Examination Report was four days late, set aside. Rule 137 vests the Controller with power to correct any irregularity in procedure, an application under it had been filed along with the reply, and the impugned order showed no application of mind to it. Given a delay of four days, acceptable reasons and that unconsidered application, the delay was condoned.

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