Supreme Court Issues Notice on Patent-Term Adjustment for Delayed Patent Grants

The Supreme Court issued notice on a plea seeking a mechanism for Patent Term Adjustment where administrative delay substantially consumes the effective life of a patent.

What happened

The Supreme Court issued notice on a plea seeking a mechanism for Patent Term Adjustment where administrative delay substantially consumes the effective life of a patent. The case raises interpretation of Section 53 of the Patents Act, under which the patent term ordinarily runs for twenty years from the filing date. The petitioner argues that exceptional delay in examination and grant can leave a patentee with materially reduced post-grant exclusivity. Issuance of notice does not establish a right to extension. The Court will examine whether existing Indian patent law permits, requires or can accommodate relief for grant delays and what institutional mechanism would be lawful.

Legal significance

The legal effect is confined to the present judgment, order or procedural development. Party allegations and submissions are not treated as established facts.

Practical consequence

The matter proceeds according to the operative direction, statutory process or next hearing described above.

Source: Original report