In a recent decision, the Bombay High Court imposed a ₹1 lakh penalty on the German firm AIC246 AG & Co. KG for a 91-day delay in filing a petition related to a patent dispute. The company had requested the Court to excuse the delay, citing the complexity of the case and the time needed to receive instructions from Germany due to the technical nature of the patent issues.
However, Justice R.I. Chagla rejected these arguments, asserting that the provisions of the Patents Act, 1970 apply equally to all companies, regardless of whether they are Indian or foreign. The Court was not persuaded by the company’s argument that being based in Germany contributed to the delay, especially in obtaining and notarising documents. Justice Chagla stressed that the company’s German origin did not justify the delay, and statutory deadlines under the Patents Act must be adhered to.
AIC246 AG & Co. KG approached the Court after the Indian Patent Office rejected its patent application in June 2023. The company attributed the delay in filing the challenge to consultations between its legal teams in India and Germany, which were reportedly necessary due to the technical complexities of the patent rejection, including issues related to novelty, inventive steps, and non-patentability under Section 3(d) of the Patents Act.
However, the Court found the petition lacking sufficient details to justify the delay. Justice Chagla observed that the delay was twice the statutory period allowed for such filings under the Patents Act and noted that the company had shown no urgency in meeting the deadline.
As a condition for accepting the late petition, the Court ordered AIC246 AG & Co. KG to pay ₹1 lakh to the Baldeodas Bhagirathi Shah Trust within two weeks. AIC246 AG & Co. KG was represented by advocates Amey Nargolkar, Nisha Austine, and Dhiren Karania, briefed by Khaitan & Co. The respondents were represented by advocates Rashmin Khandekar, Anand Mohan, Vandita Malhotra Hegde, Rishi Mody, and Archi Gala, briefed by VMH & Associates.
The recent decision by the Bombay High Court to impose a ₹1 lakh penalty on the German firm AIC246 AG & Co. KG for a 91-day delay in filing a petition highlights the importance of adhering to statutory deadlines in patent disputes. This case underscores the stringent timelines set under the Patents Act, 1970, and the limited flexibility the courts have in extending these periods, even for foreign entities.
Vakilsearch is dedicated to providing comprehensive legal support to ensure that clients navigate the complexities of patent law efficiently and effectively. For expert advice or assistance on patent disputes, compliance, or filing procedures, contact Vakilsearch’s experienced intellectual property attorneys.
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