M/S. Gunakar Private Limited v. Assistant Controller Of Patents And Design

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2024

CORAM

MR.JUSTICE N.SESHASAYEE Indian Patent Application No.201621033630 Gunakar Private Limited; a company Registered under Companies Act 2013 having address as "CMA Pride", 3rd Floor, Plot No.6, S.No.16/6, Erandwana Co Op Hsg.

Society, Erandwana, Pune 411004.

Maharashtra, India.

... Appellant Vs.

Assistant Controller of Patents & Design, The Patent Office, Intellectual Property Building, G.S.T. Road, Guindy, Chennai - 600 032.

... Respondent PRAYER: Transfer Civil Miscellaneous Appeal (Patents) is filed under Section 117-A of the Indian Patents Act, 1970, praying to;

1) Issue an order setting aside/quashing the impugned order dated 22nd February, 2019 pronounced by the Respondent with respect to patent application no.201621033630. 1/5

2) Stay the operation of the impugned order date 22nd February, 2019 passed by the Respondent, pending disposal of the present appeal.

3) Allow the Appellant to amend, add or alter any grounds of appeal and also be permitted to place on record any relevant material in the form of an affidavit, written document, synopsis of case law, etc.

4) declare that the said patent application cannot be rejected on the grounds that the instant claims come within the scope of Section 3(k) of the Act,

5) Order allowance of the claims and order the Respondent for issue of certificate of grant;

6) allow the appeal with costs;

7) Pass any such other and further orders as the Court may deem fit in the nature and the circumstances of the case. For Appellant : No appearance For Respondent : Mr.M.Karthikeyan Special Panel Counsel

JUDGMENT

The Registry notice to the appellant has been returned with a postal endorsement in Marathi, which was translated to this Court, that there is no 2/5

such addressee in the said address.

2.Since the notice tried to be served on the Appellant is from the Registry, this Court does not deem it necessary to issue further notice nor deems it appropriate to retain the appeal in the file of this Court. 3.The appeal is accordingly dismissed. However, the appellant is entitled to have the matter revived. No costs.

08.02.2024 Tsg Index : Yes / No Internet : Yes / No 3/5

N.SESHASAYEE, J.

Tsg 4/5

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