The Delhi High Court set aside the deemed abandonment of Waterotor’s Indian patent application, citing miscommunication regarding the First Examination Report (FER). The Court ruled that the lack of timely FER receipt justified reinstatement, directing the Patent Office to restore the application’s status to “pending” and allow a response within four weeks.
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CASE BRIEF : European Commission vs. Union of India
This case brief discusses the Delhi High Court’s decision in European Commission vs Union of India regarding the restoration of patent applications deemed abandoned due to procedural lapses. The judgment underscores the importance of judicial discretion in exceptional circumstances under Indian patent law.
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