NEC Corporation v. The Assistant Controller of Patents and Designs, Government of India

153291717

NEC Corporation appealed the Assistant Controller's rejection of its Patent Application No.7830/CHENP/2014, which was based on the alleged violation of Section 7(2) of the Patents Act due to the date of declaration by an inventor. The court held that there is a distinction between the date of assignment and the date of declaration, finding the impugned order unsustainable.

Jurisdiction
India
Court
Madras High Court
Case Number
153291717
Judge(s)
Senthilkumar Ramamoorthy

Detailed Summary

of the Paris Local Division of the Unified Patent Court concerning a request for extension of time filed by the Bosch defendants. The judge-rapporteur rejected Bosch's request, finding that a non-redacted version of Valeo's 15 June 2026 filing had been deposited in the CMS simultaneously with the redacted version, and that Bosch had failed to exercise due diligence in accessing it. The court ruled that the deadlines under R.29(d) RdP run from 15 June 2026.

Practitioner Note

This case demonstrates the evidentiary and procedural standards applied in patent matters before Madras High Court. Understanding the court's reasoning in NEC Corporation vs The Assistant Controller of Patents and Designs, Government of India is valuable context for structuring arguments or assessing risk in similar proceedings.

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