N. Mariappan, v. S A Safiullah And Co Rep By Proprietor, A R Safiullah

(T)CMA(PT)/63 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.06.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (T)CMA(PT)/63 of 2023 [OA/12/2003/PT/CH] N.Mariappan No.137, North Car Street, Sivakasi-626 123.

... Appellant -vs1.S.A.Safiullah and Co.

Represented by its Proprietor, A.R.Safiullah Rajagopalapuram, Pudukottai-622 003.

2.Assistant Controller of Patents and Designs, Patent Office, Chennai, Intellectual Property Building, GST Road, Guindy, Chennai-600 032.

... Respondents PRAYER: Original Appeal filed under Section 25(4) and 117A (2) of the Patents Act, 1970 read with Rule 3 of the Intellectual Property Appellate Board (Procedure) Rules, 2003, prays (i) Revoke the Patent No.198079 granted on patent application No.693/MAS/2000 on the ground that the alleged invention is obvious and clearly does not involve an involve an inventive step under Section n 25(2)(e) of the Patents Act, 1970; (ii) Revoke 1/2 https://www.mhc.tn.gov.in/judis

(T)CMA(PT)/63 of 2023 SENTHILKUMAR RAMAMOORTHY,J kal the Patent No.198079 granted on patent application No.693/MAS/2000 on the round that the subject of the claims is not an invention and is not patentable under Section 25(2)(f) of the Patents Act, 1970; (iii) Grant an oral hearing to the appellant; (iv) allow this appeal to be clubbed together and listed along with Original Appeal No.OA/3/2009/PT/CH filed by the first respondent.

For Petitioner : Mr.Sudhir Raja Ravindran for M/s.Altacit Global For Respondents : Mr.Arun C. Mohan for R1 **********

ORDER

On instructions, the first respondent submits that Patent No.198079 was valid only up to 28.08.2020. In view of the expiry of term of the relevant patent, (T)CMA(PT)/63 of 2023 has been rendered infructuous and stands dismissed without any order as to costs. 21.06.2023 kal Index : Yes / No (T)CMA(PT)/63 of 2023 [OA/12/2003/PT/CH] 2/2 https://www.mhc.tn.gov.in/judis