Sphaera Pharma, Pte. Ltd. And Anr. Vs Union Of India

Delhi High Court Decides upon Delay in Filing a Patent Examination Request

Introduction

The question regarding the condonation of delay in the filing a request for examination of a patent application was once again decided by the Hon'ble Delhi High Court in the case of Sphaera Pharma, Pte. Ltd. And Anr.Vs Union Of India. The Hon'ble Mr. Justice Vibhu Bakhru decided upon the issue pertaining to the limitation period for the examination of a patent application prescribed under the Patents Act, 1970 ("Act").

Facts

Sphaera Pharma (the Petitioner), claimed that they had developed some new compounds which were useful in the treatment of cancer. The Petitioner, thereafter, filed a patent application (no.3114/DEl/2012) with the Indian patent office on 05.10.2012. Accordingly, the Petitioner was also required to file a request for the examination of the patent application within 48 months from the date of filing the initial patent application.