Theft of the patent: SHC seeks report on delay in disposal of complaint

Uranium enrichment process ownership disputed.

KARACHI: Chief Justice of High Court of Sindh has called a report regarding inordinate delay in disposal of a suit filed by scientist Dr Muhammad Qadir Hussain claiming to be the father of Pakistan’s nuclear bomb.

The complainant, plaintiff in a civil suit of 2000 against Dr Abdul Qadeer Khan, Chairman Pakistan Atomic Energy Commission and Patent Officer, Controller of Patents and Design seeks damages worth Rs15,000,000 for using his patented and invented method of extracting weapon grade Uranium 235.

The plaintiff claims that he invented a centrifuge method for separating the isotope of Uranium 235 in a single stage. The uranium so obtained could be used for making nuclear bombs. The plaintiff maintains that his invention was patented by US Department of Commerce, Patent and Trademark Office accepting the claim that Uranium so obtained is 100 per cent pure.

The plaintiff maintains that he fulfilled all the requirements for patenting his invention in Pakistan in 1981 and paid all fee but the entire process was withheld in March 1982 against which he filed a petition in 1985. The petition was decided in 1990 when patent department was given two months to pass a proper and legal order in respect of grievance of the petitioner.

The plaintiff/complainant maintains that his invention was being used at Kahuta nuclear facility without his permission since 1982, a fact confirmed by the then Controller Patents, Muhammad Zafar.

The plaintiff after Pakistan’s nuclear explosions in May 1998 filed the instant suit. The matter is now pending since November 24, 2010 for cross examination of plaintiff by counsel for defendant, Dr Abdul Qadeer Khan.

After umpteenth adjournments, on the request of counsel for defendant, the plaintiff finding no other way wrote a letter to the Chief Justice of Sindh High Court stating that he is suffering from technical delay.

The CJ treating it as public interest complaint and sought a report from the inspection team who in turn called for a report from Additional Registrar, Suit branch, regarding the delay.

Published in The Express Tribune, December 28^th, 2011.