In a writ petition by Godrej and Boyce Manufacturing Company vs. The Deputy Controller of Patents and Designs, the High Court of Bombay held that the decision of the Patent office to remove Godrej’s patent from the registered of patent was hyper technical and extreme.
The Court ruled that it would be accepted by the Patent Office that the Petitioner had indeed paid the renewal fees and thus the patent cannot be removed from the Register of Patents and no coercive action can be taken in relation thereto. The Court held that the Petitioner can proceed on the footing that their patent is registered and can assert their rights based on said registration.
The Court further went on to question the Patent Office and disputed their non-acceptance of renewable fees for the registered patent of the petitioners for the year of 2007, especially when they had been accepted for prior years and even for the years subsequent to 2007.