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In the present case, the issue was whether CCI has power to examine the case, where the subject matter was protected by the Patent Act. The Tribunal observed that Section 3(5) of the Competition Act, 2002 states that the Competition Act will not restrict the right of any person in protecting his rights under the Patent Act.
The impugned Order clearly holds that the petitioner is deemed to have abandoned the application and that it has failed to comply with the requirements of Section 21(1) of the Patents Act, 1970.
“The timelines prescribed in the Patents Act, 1970 and the Patent Rules, 2003 reflect the Legislature’s intention to ensure that no unnecessary delays are caused in the process of grant of patents.”
Delhi High Court: In a case where an appeal was filed against the order of Controller General of Patents and
Kerala High Court: While adjudicating a petition filed by a breast cancer patient seeking to afford life-saving medicines which otherwise cost more