Law:

Section:

(a) Patents Ordinance (LXI of 2000)--- ----Ss. 22, proviso, 21 & 67(4)---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Specific Relief Act (I of 1877), S. 54---Object, purpose, scope and interpretation of S. 22 and proviso thereto, of the Patents Ordinance, 2000---Acceptance of complete specification---Effect---Bar to institution of proceedings for infringement until patent was sealed---Applicant, after acceptance of its complete specification for patent, sought interim injunctive relief to restrain defendant from acting in any manner that would infringe the patents yet to be granted---Contention of the defendant was that proviso to S. 22 of the Patents Ordinance, 2000 barred institution of such proceedings---Held, that S. 22 of the Patents Ordinance, 2000 sought to place the applicant in the same position as a patentee which was clear from the words "like privileges and rights" used in the said section; however, an applicant was not the patentee as the application could be defeated and patent, either in part or wholly, could be refused---Section 22 of the Patents Ordinance, 2000, therefore, had a proviso; the purpose of which was clear, which was to highlight that notwithstanding the applicant was being granted "like privileges and rights"; however, he was yet not the "patentee"---Law contained in S. 22 of the Patents Ordinance, 2000 contemplated that some legal recognition ought to be given to the applicant for the patent once application had reached the stage of S. 21 of the Patents Ordinance, 2000 (i.e. acceptance of complete specification); but such recognition must be tampered by keeping in mind the stage yet to come---Such balance was struck by S. 22 of the Patents Ordinance, 2000; which first put the applicant in the same position as the patentee; a position towards which he had by then made substantial progress however, the same was modulated by the proviso; which regulated what the applicant could actually do while he remains in the such position---Right was undoubtedly created by S. 22 of the Patents Ordinance, 2000 but the remedy to which the right-holder would be entitled to, was to be regulated and controlled---Once the applicant…

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