- (1.) THIS Letters Patent Appeal is directed against the judgment of the Learned Single Judge dated 6th February, 2009 rendered in W. P. No. 477 (w)of 2009. By the aforesaid judgment, the Learned Single Judge has passed the following operative directions:-On this petition being received, an interim order was made staying all further proceedings before the patent office. Since the petitioner says that its appeal from the order dated November 7, 2008 is pending and the petitioner has not had an opportunity of presenting its case before the appellate tribunal, the hearing of the private respondents objection to the patent will remain stayed for a period of eight weeks from date or the first opportunity that the petitioner is afforded to make a prayer for an interim order in the appeal, whichever is earlier. If the petitioner cannot persuade the appellate tribunal to allot it a date for hearing its interim prayer within the time stipulated, it will be open to the controller to proceed with the matter in accordance with law. WP no. 477 (w) of 2009 is disposed of. The parties will pay and bear their own costs.
(2.) WE may notice the basic facts as pleaded by the parties. The Secretary, Atomic Energy, government of India (respondent no. 1 herein) applied for a patent for its invention for method of treating gas emissions by and under Application No. 31/bom/1999. This application was made on 12. 01. 1999 to the Controller of Patents and Designs and Trademarks at Bombay.
(3.) THE respondent no. 1 is directly involved in basic research in nuclear sciences and allied areas including frontier areas in physics. Heavy Water Board is one of the Organisations under the control of respondent no. 1. The application for grant of patent was notified on September 25, 2004. No opposition was filed by the appellant or any third party, including respondent no. 5.;