Law same for all, whether Indian or German: Bombay High Court slaps ₹1 lakh cost on German company for delay

The Bombay High Court recently imposed costs of ₹1 lakh on a German company, AIC246 AG & Co. KG, as a condition to condone a 91-day delay in filing a petition in a patent dispute [AIC246 AG & Co. KG v. Patent Office of India]..Justice RI Chagla was unimpressed by the explanation given by the German company's counsel that it took time to get instructions on how to proceed in the matter since the company was based out of Germany. "Provisions of law in the Patent Act, 1970 is applicable to all companies irrespective of whether they may be Indian or German ... This Court is not impressed with the argument of Mr. Nargolkar (counsel for the German company) that the fact of the Applicant being a German company should be taken into account and/or it takes time in Germany for execution and notarization of Power of Attorney and accordingly, there has been delay," the Court said in the August 19 ruling. .The company had approached the High Court after the Indian Patent Office rejected (in June 2023) an application filed by it. Before the High Court, AIC246 AG & Co. KG sought the condonation of delay in filing the challenge by arguing that complex consultations with legal teams in both India and Germany, coupled with the highly technical nature of the patent issues, led to the late filing. The company claimed that these consultations were necessary due to the intricate nature of the patent’s rejections, including concerns about lack of novelty, inventive step, and non-patentability under Section 3(d) of the Patents Act.However, the Court found the petition lacking in details and pointed out that the delay was twice the statutory period allowed under the Patents Act, 1970. "The present Application is bereft of particulars as to the delay in filing of the Petition. There does appear to be a delay of 91 days i.e. twice the statutory period which is prescribed under the Patent’s Act, 1970," Justice Chagla remarked.The Court added that the company had shown no urgency to file its petition within the prescribed deadline. 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. .Advocates Amey Nargolkar, Nisha Austine and Dhiren Karania briefed by Khaitan and co. represented AIC246 AG & Co. KG.Advocates Rashmin Khandekar, Anand Mohan, Vandita Malhotra Hegde, Rishi Mody, and Archi Gala, briefed by VMH & Associates represented a respondent. .[Read Order]