Madras High CourtCMA(PT)/34/2023disposed of

Ucal Limited (Formerly Known As Ucal Fuel System Limited) v. Dell Orto S.P.A

2026-04-08Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-04-2026

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY UCAL Limited (Formerly known as UCAL Fuel System Limited) 11 B/2 (S.P), First Cross Road, Ambattur Industrial Estate, Chennai 58, Tamil Nadu, Rep.by Whole Time Director.

Amended as per order dated 17.11.2023 passed in CMP No.26277/2023 by SKRJ ..Appellant(s) Vs

1. Dell Orto S.P.A Via San Raffaello Sanzio, 2, Seregno (MB) 20038 Italy.

2. Deputy Controller of Patents and Designs Patent Office, Intellectual Property Building, G.S.T.Road, Guindy, Chennai 600032.

Amended as per order dated 22/12/2023 in CMP No.28629/2023 by SKRJ ..Respondent(s) PRAYER: Civil Miscellaneous Appeal (Patent) is filed under Section 117A of the Patents Act, 1970, pleased to set aside the order of the Learned Deputy Controller of Patents and Designs dated 02.06.2022 passed in the matter of Patent No.311470 vide Application No.533/CHE/2007, and consequentially revoke the Patent No.311470 and remove the entry with regard to said patent from the Register of Patents.

For Appellant(s):

M/s. T. K. Bhaskar For Respondent(s):

Mr.J.Madanagopal Rao, SPC for R2

JUDGMENT

This appeal is directed against order dated 02.06.2022 rejecting the appellant's post grant opposition in respect of Patent No.311470. At the last hearing, learned counsel for the appellant submitted that Patent No.311470 had expired and the long stop date for restoration thereof under Section 60 of the Patents Act, 1970, had lapsed. Learned Senior Panel Counsel was directed to confirm the same after examining the records of the patent office. At today's hearing, Mr.J.Madanagopal Rao, learned SPC, confirms that no request for restoration was received in terms of Rule 84 of the Patents Rules, 2003.

2. Considering the aforesaid, this appeal has been rendered infructuous by the subsequent expiry of the patent. Recording the same, this appeal is disposed of. No costs.

08-04-2026 Index: Yes/No Speaking/Non-speaking order RNA

To The Deputy Controller of Patents and Designs Patent Office, Intellectual Property Building, G.S.T.Road, Guindy, Chennai 600032.

SENTHILKUMAR RAMAMOORTHY, J.

RNA 08-04-2026