Dr. Dulal Kumar De Vs Union of India

Dr. Dulal Kumar De along with co-inventors filed patent application No. 202031002063 on 17 January 2020 for “Herbal Anti-Venom against Catfish Sting”, published on 14 February 2020; First Examination Report issued on 4 July 2022 via email to Midnapore College's registered address, with response deadline 4 January 2023 extended to 4 April 2023; email overlooked due to college's 150th anniversary celebrations, status inquiry on 9 June 2023 revealed abandonment under section 21(1) of Patents Act 1970; petitioner filed writ petition alleging invalid service without postal communication under section 149, claiming time period not triggered and abandonment erroneous. Court reasoned section 149's "may" for postal service is permissive not mandatory, Rules 2003 as amended in 2016 and Office Order 23/2016 recognize email as valid service especially since petitioner provided email address, harmonizing with Information Technology Act 2000; time limits under section 21 and Rule 24B mandatory, non-compliance deems abandonment without judicial relaxation; distinguished petitioner's cited cases on strict statutory compliance as inapplicable here. Writ petition dismissed, upholding abandonment.

- Service of notices under section 149 of the Patents Act, 1970 is permissive and not mandatory by post; email service is valid and effective as per amended Patents Rules, 2003 and Office Order 23/2016: Dr. Dulal Kumar De v. Union of India & Ors., WPA-IPD No.2 of 2025 (High Court at Calcutta, 19/01/2026), paras 7-9.

- Time limits for responding to First Examination Report under section 21(1) of the Patents Act, 1970 read with Rule 24B are mandatory; non-compliance results in automatic abandonment without scope for judicial extension: Dr. Dulal Kumar De v. Union of India & Ors., WPA-IPD No.2 of 2025 (High Court at Calcutta, 19/01/2026), para 11 (citing Nippon Steel Corporation v. Union of India, 2011 SCC OnLine Del 669, paras 25, 28; Kylin Sanitary Technology (XIAMEN) Company Limited v. Union of India & Ors., Unreported decision dated 11.08.2025 in WPA-IPD No.1 of 2024; Carlos Alberto Perez Lafuente v. Union of India, (2019) SCC OnLine Del 7404).

- Subordinate rules framed under section 159 of the Patents Act, 1970 supplement the Act without superseding it, allowing alternative modes like email service for efficiency: Dr. Dulal Kumar De v. Union of India & Ors., WPA-IPD No.2 of 2025 (High Court at Calcutta, 19/01/2026), para 8.

Case Title: Dr. Dulal Kumar De Vs  Union of India & Ors.  

Order date: 19/01/2026  

Case Number: WPA-IPD No.2 of 2025 (Old No. WPA No.20214 of 2024)  

Neutral Citation: N/A  

Name of court: High Court at Calcutta, Intellectual Property Rights Division, Appellate Side  

Name of Judge: The Hon'ble Justice Ravi Krishan Kapur  

[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]  

[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]