Celebrating 20 Years of IP Excellence

THE PATENTS ACT, 1970

[As amended by the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021]

116. APPELLATE BOARD.

[Omitted by the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021]

117. STAFF OF APPELLATE BOARD.

[Omitted by the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021]

117A. APPEALS TO HIGH COURT.

(1) Save as otherwise expressly provided in sub-section(2), no appeal shall lie from any decision, order or direction made or issued under this Act by the Central Government, or from any act or order of the Controller for the purpose of giving effect to any such decision, order or direction.

(2) An appeal shall lie to the High Court from any decision, order or direction of the Controller or Central Government under section 15, section 16, section 17, section 18, section 19,section 20, sub-section (4) of section 25, section 28, section 51, section 54, section 57, section 60, section 61, section 63, section 66, sub-section (3) of section 69, section 78, sub-sections (1) to (5) of section 84, section 85, section 88, section 91, section 92 and section 94.

(3) Every appeal under this section shall be in the prescribed form and shall be verified in such manner as may be prescribed and shall be accompanied by a copy of the decision, order or direction appealed against and by such fees as may be prescribed.

(4) Every appeal shall be made within three months from the date of the decision, order or direction, as the case may be, of the Controller or the Central Government or within such further time as the High Court may, in accordance with the rules made by it allow.

117B. PROCEDURE AND POWERS OF APPELLATE BOARD.

[Omitted by the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021]

117C. BAR OF JURISDICTION OF COURTS, ETC.

[Omitted by the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021]

117D. PROCEDURE FOR APPLICATION FOR RECTIFICATION, ETC., BEFORE APPELLATE BOARD.

[Omitted by the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021]

117E. APPEARANCE OF CONTROLLER IN LEGAL PROCEEDINGS.

(1) The Controller shall have the right to appear and be heard—

(a) in any legal proceedings before the High Court in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the patent office is raised;

(b) in any appeal to the High Court from an order of the Controller on an application for grant of a patent—

(i) which is not opposed, and the application is either refused by the Controller or is accepted by him subject to any amendments, modifications, conditions or limitations, or

(ii) which has been opposed and the Controller considers that his appearance is necessary in the public interest, and the Controller shall appear in any case if so directed by the High Court.

(2) Unless the High Court otherwise directs, the Controller may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him or of the practice of the patent office in like cases, or of other matters relevant to the issues and within his knowledge as the Controller may deem it necessary, and such statement shall be evidence in the proceeding.

117F. COSTS OF CONTROLLER IN PROCEEDINGS BEFORE APPELLATE BOARD.

[Omitted by the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021]

117G. TRANSFER OF PENDING PROCEEDINGS TO APPELLATE BOARD.

[Omitted by the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021]

117H. POWER OF APPELLATE BOARD TO MAKE RULES.

[Omitted by the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021]