In a recent ruling, the Bombay High Court imposed a fine of ₹1 lakh on the German company AIC246 AG & Co. KG for a 91-day delay in filing a petition related to a patent dispute. The court firmly rejected the company’s argument that the delay was due to the complexities of coordinating with its German headquarters.
Justice RI Chagla emphasized that the legal provisions of the Patent Act, 1970, apply uniformly to all companies, regardless of their origin. The judge dismissed the company’s reasoning that the time-consuming process of obtaining instructions from Germany justified the delay. “This Court is not impressed with the argument that the fact of the Applicant being a German company should be taken into account,” the court stated, highlighting that the delay was twice the statutory period permitted under Indian law.
The company had approached the court after the Indian Patent Office rejected its application in June 2023. It sought to condone the delay by citing the need for complex consultations with legal teams in both India and Germany, given the technical nature of the patent issues at hand. The company claimed that these discussions were necessary due to concerns about the lack of novelty, inventive steps, and non-patentability under Section 3(d) of the Patents Act.
However, the court found the petition lacking in detail and pointed out that the company had shown no urgency in filing its petition within the prescribed timeline. As a condition for accepting the late petition, the court ordered AIC246 AG & Co. KG to pay ₹1 lakh to the Baldeodas Bhagirathi Shah Trust within two weeks.
