i.p. news

     Lex Orbis recently reported about the findings of the Delhi High Court in its order dated 15th July in the case, Snehalatha v. UOI and Others, providing clarity on the ambiguity existing on the issue of date of grant of patent. Two main issues were raised in this case. Firstly, what is the actual date for grant of patent and Secondly, is it the date when the patent certificate is granted. To clarify the doubt on the date of grant of patent, the Delhi High Court in this case held that a patent comes into force on the day in which the Controller decides to grant a patent. The Court further clarified that the issuance of a certificate at a future date is just a formality and nothing more. This decision has ensured efficiency in the whole process of patent grant in India.
    
     The ruling of the Delhi High Court in this case has brought more transparency to the patent grant process and do away with filing of serial pre-grant oppositions through aliases. The Court ordered the office of the Controller of Patents to disclose award of patents on a regular basis, at the same time circulate hearing dates for patents a day before through electronic means.
    
     In the existing process on grant of patent, there is a time gap between the date of grant of patent and the date on which the certificate is issued. Such gap is susceptible of being exploited by parties by challenging it even after the patent is granted. The Court now declares such practice as illegal and followed by a penalty.
    
     The Court further held that once the Controller or the Assistant Controller signs the final order granting the patent, such order must be placed on the website instantly on the same day in order to do away with the time gap between the signing and publishing of the order. As a result, it would mean that the patent would come into effect on the day the order has been signed, and not the day the order is published nor the day the patent certificate is issued.
    
     In order to bring in more transparency in the manner in which the department is functioning, the Court has asked the Controller to publish a “cause list” of the pending patent matters. In an effort to avoid reopening of order granting final patents, the office of the Controller has been directed to issue directions to all its officers and put it up on its website.
    
     This ruling of the Delhi High Court will solve the problems of those who have been suffering due to an inefficient system where issue of patent certificates are delayed, and sometimes taking years even after the patent office has granted the patent.
    
     To curb the no’s of serial oppositions the court has imposed Rs. 20,000 as fine on each opposers, the Court has made it clear that filing of serial oppositions by parties is not maintainable in law and amounts to an abuse of the process of law. Such an order of penalty upon opposers would reduce the number of serial pre-grant oppositions in patent cases, and which has now become a common practice.