- (1.) The writ petitioners are aggrieved by the decision of the Assistant Controller of Patents and Designs dated December 28, 2004 rejecting their application for exclusive marketing right under provisions of the Patents Act, 1970, section 24A.
(2.) On August 25,1998 they submitted an application for patent of invention for the substances indicated in the fifteen claims mentioned in their application. Such application for patent was made under section 5(2) of the Patents Act. 1970. During pendency of that application, on August 30, 2000 they submitted an application for grant of exclusive marketing right of the substances for which they had claimed patent.
(3.) In terms of provisions in section 24A of the Patents Act, 1970, the Controller sent the application for patent to an examiner for making report to him whether the inventions were not inventions within the meaning of the Patents Act, 1970, section 3. The examiner submitted his report dated July 28, 2000 that substances of claims 9,12 and 13 were not inventions within the meaning of section 3 of the Patents Act, 1970. He did not say anything regarding the other claims, i.e. claims 1-8, 10, 11, 14 and 15.;