Judgement Date:12.09.2022
Case No. W.P.(C)- IPD 15/2021
Hon'ble High Court of Delhi
Yogesh Khaan , H.J
Haryana Pesticide Manufacturers Association Vs Willowood Chemicals Pvt. Ltd.
The amendment application filed by the Respondent No.1 seeking amendment of Patent was allowed without serving copy of the same to the Petitioner.
Though hearing in pre grant opposition proceeding was granted to the Petitioner where in amendment of claims from 1 to 27 to 1 to 25 claims were discussed.
After grant of the Patent it came to notice of the Petitioner that amended claims 1 to 19 were allowed.
Subsequently it came to notice that separate proceeding was conducted in reply to FER in reply to which, the Respondent No.2 filed amendment application seeking amendment of claims from 1 to 25 to 1 to 19.
It was done behind the back of the Petitioner/Opponent. Aggrieved with the same , the Petitioner/opponent filed the writ petitioner.
The Hon'ble Court observed that the amendments sought by the Respondent No.1/Applicant were trivial in nature or in any case by way of disclaimer.
However the Hon'ble Court refused to grant any relief to the Petitioner on the ground that post grant opposition has already been filed against the impugned Patent.
Ajay Amitabh Suman, IPR Advocate, Hon'ble High Court of Delhi.
ajayamitabh7@gmail.com, 9990389539
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