Principles Of Natural Justice Violated By Patent Office Authorities

The Indian Judiciary often witnesses disputes and debates centered around the tenets of administrative law. In a dispute regarding communication of an examination report, the well established principles came up for consideration yet again. The case of Ferid Allani v. UOI 2008 (37) PTC 446 (Del.) at the High Court of Delhi deals with the issues elucidated.

In the case at hand, the communication from the office of the Controller of Patents and Designs was dated 21^st September 2005 and was designated the same date as the expiry date to put the application in order for acceptance. This communication reached Allani on the 24^th of September 2005, and consequently was deprived of the opportunity to comply with the requirements communicated. Further, on communicating the same to the authorities, Allani learnt of the application being abandoned in furtherance of which Allani approached the High Court of