P.K.Ibrahim vs. Controller Of Patents And Designs - Kerala High Court, 29 October 2018

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY ,THE 29TH DAY OF OCTOBER 2018 / 7TH KARTHIKA, 1940 WP(C).No. 20749 of 2015 PETITIONER/S: P.K.IBRAHIM S/O.KUNHIPPERI,PULOODE HOUSE,P.O.PUTHUPPADY, KOZHIKODE-673586. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT/S: 1 CONTROLLER OF PATENTS AND DESIGNS PATENT OFFICE,INTELLECTUAL PROPERTY BUILDING, GST ROAD,GUMBY,CHENNAI-600032. 2 STATE OF KERALA REPRESENTED BY SECRETARY TO AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM-695001. 3 THE PRINCIPAL AGRICULTURAL OFFICER PRINCIPAL AGRICULTURAL OFFICE, KOZHIKODE-673001. 4 KERALA STATE COUNCIL FOR SCIENCE TECHNOLOGY AND ENVIRONMENT, REPRESENTED BY ITS PRESIDENT, SASTHRA BHAVAN,PATTOM.P.O, THIRUVANANTHAPURAM-695004. BY ADVS. R1 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R4 SRI.GEORGE ZACHARIAH,SC,KSCSTE SRI.GOVIND K.BHARATHAN (SR.) SRI.K.SHRI HARI RAO CGC R2 & R3 BY SRI.E.S.ASHRAF, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 WP(C).No. 20749 of 2015

JUDGMENT The petitioner has approached this Court seeking the following prayers:- i. To issue a writ of mandamus directing the 1st respondent to complete the proceedings initiated as per application number 2834/CHE/2011 and grant patents rights to the petitioner over the “Coconut Climbing Machine” invented by the petitioner within a time frame to be fixed by this Hon'ble Court. ii. To issue a writ of mandamus to the 4th respondent to take necessary steps to ensure that patent application number 2834/CHE/2011 is disposed of by the 1st respondent within time. iii. To issue a writ of mandamus directing the 2nd respondent to take appropriate action on Ext.P7 and P8 representations within a time frame to be fixed by this Hon'ble Court. iv. To issue a writ of mandamus directing the respondents to expedite the actions initiated as per Ext.P5. 2. Heard learned counsel for the petitioner and the learned Central Government Counsel appearing for the 1st respondent as well as the learned Government Pleader appearing for respondents 2 and 3. 3. It is submitted by the learned counsel for the petitioner that with respect to a coconut climbing machine developed by the petitioner, petitioner has submitted an application for patent. The said application is pending consideration before the respondents. It is submitted that the date of filing of the application is 19.08.2011 and the number allotted to the application is 2834/CHE/2011. It is stated that the application is awaiting examination.

In the above view of the matter, there will be a direction to the 1st respondent to take up, consider and pass orders on the application preferred by the petitioner for patent which is numbered as above and pass orders without further delay. Ext.P8 application preferred by the petitioner before the State Government shall also be taken up, considered and orders passed thereon within a period of two months from the date of receipt of a copy of this judgment.

The writ petition is ordered accordingly. ANU SIVARAMAN rmm JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE LETTER COVER FROM THE 4TH RESPONDENT TO THE PETITIONER EXHIBIT P2OF THE LETTER DATED 13.5.2015 EXHIBIT P3OF THE CERTIFICATE ISSUED BY THE DIRECTOR GENERAL OF NATIONAL INSTITUTE OF RURAL DEVELOPMENT EXHIBIT P4OF THE CERTIFICATE DATED 2.6.2010 ISSUED BY THE AGRICULTURAL OFFICER,KATTIAPPARA EXHIBIT P5OF THE LETTER DATED 29.9.2010 EXHIBIT P6OF THE REPORT TOGETHER WITH COVERING LETTER DATED 26.6.2011 EXHIBIT P7OF THE REPRESENTATION DATED 22.3.2012 EXHIBIT P8OF THE REPRESENTATION DATED 19.6.2015. RESPONDENTS EXHIBITS EXHIBIT R1 A A PHOTOCOPY OF THE COVERING LETTER DATED 13.05.2010 ALONG WITH THE APPLICATION FORM NO.1 AND INCOMPLETE APPLICATION FORM NO.2 PROVISIONAL/COMPLETE SPECIFICATION. EXHIBIT R1 B A PHOTOCOPY OF THE ORDER NO.POC/RECS2/T 6465 DATED 05.08.2015. //// P.A. TO JUDGE