RE: LOANS3 Oct 2025 11:37
Morning LT.
Just did a quick look and it seems that Sumotek Innovation Pvt Ltd have done a similar thing, took Assam ASSAM POWER DISTRIBUTION CO. LTD. to high court in 18 January, 2023.
Ill cut and past a bit in case this link is not transferable as it looks a bit of a dodgy link.
I will have more time later and ill let you know if i find anything else.
"The petitioner no. 2 claims to have a certificate for patent No. 208216 issued under the Patents Act, 1970 for prepaid/postpaid Electricity Supply Machine, which was granted on 13.05.2004 and is valid for up to 20 years.
The learned counsel for the petitioners has submitted that the respondent has floated tender for purchasing smart electricity meters through which the electricity supply would be routed, which will enable the authorities to supply electricity energy on prepaid and postpaid basis to the consumers through a smart meter.
4. The learned counsel for the petitioners has submitted that the only relief which the petitioners are presently praying for is to restrain the respondent authority from procuring any electricity supply device which would cause infringement of the patent rights available to the petitioner.
The verdict
The learned standing counsel for the respondent has submitted that the tender has been floated by the respondent for purchasing smart meters using technology which would not violate the patent right of the petitioners.
6. To show that there are other patent holders for smart meters, the learned standing counsel for the respondent has made reference to the information available in the internet to show that for a smart electricity meter, patent has been granted, amongst others, to one Hardik Chothani under patent No. 219434.
Having regard to the nature of the dispute raised in the petition, this Court is of the considered opinion that under Section 48 of the Patents Act 1970, the patentees have a right to prevent the third parties, who do not have consent of the patentee from the act of making, using, offering for sale, selling or importing such product in India. Such rights can be enforced through the redressal process, as prescribed under the Patents Act, 1970 by approaching the competent Court having jurisdiction. It is not in dispute that the Court having jurisdiction would also have the power to pass an appropriate interim order as it may deem fit and proper.
8. In this present stage, there is no record to show the procurement of smart meter, which is proposed to be made by the respondent, would be in contravention to the patent granted to the petitioner no.2.
9. Nonetheless, if the petitioners apprehend that their patent right would be infringed, it would be open to the petitioners to approach the competent Court having jurisdiction in the matter. Therefore, as alternative and efficacious judicial remedy is provided for under the Patents Act 1970, this Court is disinclined to invoke the power under Article 226 of the Constitution
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