- Case number
- C.A.(COMM.IPD-PAT) 42/2024
- Court
- Delhi High Court
- Date of judgment
- Judge
- Amit Bansal
- Outcome
- Set aside
Headnote
Refusal to restore a ceased patent under section 60 set aside. The renewal fee was missed because of a death in the attorney's family, the restoration application was filed well within the prescribed period, and Form 27 had been filed for both years, all of which showed the patentee had no intention to abandon. The renewal intimation had gone to the former agent rather than the current one. At its highest this was a procedural lapse, and a granted patent should not be lost on that account alone; the Assistant Controller should have taken a liberal view.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.