Delhi High Court Restores Synertec's Patent Application: Patent Agent's Docketing Error Does Not Cost the Applicant Its Rights
Summary In re: Synertec Pty Ltd v. Union of India & Anr., W.P.(C)-IPD 53/2025, the Delhi High Court has restored Indian Patent Application No. 202217030233, filed by Australian company Synertec Pty Ltd for a system and method of vaporising liquefied natural gas, after the application had gone "deemed to be withdrawn" under Section 11B(4) of the Patents Act, 1970 for non-filing of the Request for Examination (Form 18) within the statutory 48-month window. The Court held that the lapse was caused entirely by the Petitioner's patent agent misstating the deadline, not by any intention on Synertec's part to abandon the invention, and directed the Patent Office to restore the application and permit Form 18 to be filed within two weeks. Background: How the Application Came to Be "Deemed Withdrawn" Under Section 11B read with Rule 24B of the Patents Rules, 2003, an applicant must file a Request for Examination within 48 months of the priority date, faili...