Court Condones Delay Attributed to Agent's Negligence and Covid-19 Pandemic, Permitting Restoration Application Within 30 Days
In a significant ruling, the Orissa High Court has permitted M/s. Green Energy Resources, a Sambalpur-based firm, to file for the restoration of its lapsed patent. The patent, which ceased to be in effect due to non-payment of renewal fees, was granted for a novel method of detoxifying spent potlining through controlled heat treatment. The court recognized the extraordinary circumstances of the Covid-19 pandemic and the negligence of the company's authorized patent agent as valid grounds for condoning the delay in renewal fee payment.
The petitioner, M/s. Green Energy Resources, represented by Advocate Mr. P. Parija, argued that the failure to pay the renewal fees was due to the negligence of the authorized agent. The company only became aware of the lapse in June 2024, well after the patent had ceased to be effective on September 22, 2021. The petitioner also cited difficulties in verifying the patent status during the pandemic as a contributory factor.
The court, presided over by Justice B.P. Routray, acknowledged that the petitioner should not suffer due to the agent's mistakes and noted the Supreme Court's directions for extension of limitation periods during the pandemic. The court emphasized that the restoration of statutory rights should not be denied if the applicant itself was not negligent.
Referring to previous judgments, including those by the Delhi High Court, the court reiterated that errors by patent agents have been liberally considered by courts, especially under extraordinary circumstances. The court further directed that the petitioner could apply for restoration within 30 days, with the authority required to consider the application within two months.
This judgment underscores the judiciary's understanding of the challenges posed by the pandemic and its impact on legal and administrative processes, offering relief to patent holders affected by similar circumstances.
Bottom Line:
Patents - Restoration of lapsed patent due to non-payment of renewal fees within the prescribed period - Failure attributed to negligence of authorized agent and Covid-19 pandemic period considered as extraordinary circumstances justifying condonation of delay.
Statutory provision(s): Patents Act, 1970 Sections 60(1), 53, 142(4)
M/s.Green Energy Resources v. Union of India, (Orissa) : Law Finder Doc id # 2854920
