Sonalkumar Sureshrao Salunkhe vs. Assistant Controller of Patents

"Patent Protection: Navigating Legal Complexities"

The Sonalkumar Sureshrao Salunkhe vs. Assistant Controller of Patents case revolves around a patent dispute. Here's a breakdown of the key details :

- Case Background: Sonalkumar Sureshrao Salunkhe filed a patent application, which was examined by the Assistant Controller of Patents. The Controller raised objections, and Salunkhe responded to the First Examination Report (FER).

- Controller's Decision: Despite Salunkhe's responses, the Assistant Controller of Patents passed an order under Section 21(1) of the Patents Act, 1970, effectively abandoning the patent application.

- Court's Decision: Salunkhe appealed the order, but the respondent (Assistant Controller of Patents) raised a preliminary objection that the appeal was not maintainable under Section 117A of the Patents Act.

- Key Issue: The main issue revolves around whether the order passed by the Assistant Controller is appealable under Section 117A. The court needs to determine if the order falls under Section 15 of the Patents Act, which deals with the power of the Controller to refuse or grant patents.

Possible Outcomes

- Appeal Maintainability: If the court decides that the order is appealable, the case will proceed, and the merits of the patent application will be examined.

- Patent Application Fate: Depending on the court's decision, Salunkhe's patent application might be reconsidered or rejected.

Relevant Patent Laws

- Section 21(1): Deals with the abandonment of patent applications.

- Section 117A: Pertains to appeals against orders passed by the Controller.

- Section 15: Concerns the power of the Controller to refuse or grant patents.