Bombay HC Orders Reconsideration of 13-Year-Old Patent Application

The Bombay High Court has directed the Patent Office to reconsider a scientist's patent application after a 13-year delay. The application, filed in 2013, relates to a device and method for generating power to operate medical devices implanted inside the human body.

Justice Somasekhar Sundaresan was hearing a petition filed by Dr Tarkeshwar Chandrakant Patil, the original inventor named in an IIT-Bombay patent application.

The dispute concerned ownership of the invention, with IIT-Bombay's intellectual property policy generally giving the institute rights over inventions developed by its researchers. However, the court noted that IIT-Bombay had executed a worldwide Deed of Assignment in Patil's favour in 2017, transferring its full and exclusive rights in the invention to Patil.

The court held that the assignment made Patil the sole owner of the invention, and that there was no rational basis to contend that the assignment was valid only outside India.

The patent application had remained pending for more than 13 years before it was rejected by the Deputy Controller of Patents and Designs in 2025. The High Court set aside the rejection, saying the application had not been properly examined on its merits.

The court directed the Patent Office to restore the application, substitute Patil's name as the applicant, and hear the pending objections afresh. It ordered that a reasoned decision be issued within eight weeks.

The delay in processing the patent application has greatly reduced the 20-year period for which the invention could be legally protected. Since patent protection generally lasts for 20 years from the filing date, the delay has consumed 13 years of the available protection period.

The court's decision highlights the importance of timely processing of patent applications to ensure that inventors' rights are protected.

The case has also raised concerns about the impact of delays in patent proceedings, and the need for efficient and effective processing of patent applications.

In conclusion, the Bombay High Court's decision is a significant step towards protecting the rights of inventors and ensuring that patent applications are processed in a timely and efficient manner.