The Madras High Court today
disposed of a PIL which said that while foreign applicants are eligible for express processing of their applications, similar facility is being denied for Indian individuals and companies, resulting in delay in awarding patent for Indian products.
When the PIL of Intellectual Property Rights Attorneys Association president and advocate P Sanjai Gandhi came up before a vacation bench, comprising Justice M M Sundresh and Justice K Ravichandrabaabu, the Centre said it would take a decision on the matter in three months.
Recording the statement made on behalf of the Centre, the judges disposed of the PIL.
In his petition, Sanjai Gandhi submitted that patent applications filed by individuals and companies would not be processed unless a separate request for examination is filed. If no such request is filed for 48 months, then the application itself would lapse automatically.
Foreign applicants who choose to file their patent applications in India have an express processing facility, as per which they could file a request along with necessary fee, seeking expeditious disposal of the applications. But the facility is not available to Indian individuals and companies seeking patent for their products, he said.
Pointing out that the Indian Patents Act, 1970 had no provision providing for an express request application for examination, Sanjai Gandhi said, "it applies only to international applications designating or electing India for their patent application. The procedure for express request for examination report is not found in any other provision of the Act, which applies to Indian individuals or companies. Therefore, there is discrimination among applicants."
Citing the annual report of the patent office, the PIL said the number of patent applications has been on the decline due to this discrimination and delay.
