Court lays out remedies against opposition orders

By Abhai Pandey, Lex Orbis IP Practice
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The Indian Patents Act, 1970, underwent sweeping changes in 2002 and then again in 2005 to give place to many important provisions, besides bringing in the product patent regime.

Right to appeal

For the first time, post-grant opposition was introduced and the right to appeal to the Intellectual Property Appellate Board against the orders of the controller was provided to the aggrieved party.

Abhai Pandey,Lawyer,Lex Orbis IP Practice
Abhai Pandey
Lawyer
Lex Orbis IP Practice

Section 117A, inserted after amendment, enumerated the instances where an appeal lay to the appellate board, which included orders of the controller under section 15 as well as order in a post-grant opposition under section 25(2). Prior to amendment in 2005, the appeal against an order in a pre-grant opposition under section 25 lay to the high court under section 116.

The question as to the forum for appeal from a pre-grant opposition order came up earlier in the case of J Mitra & Company v Assistant Controller of Designs, but was not conclusively decided.

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Abhai Pandey is a lawyer with Lex Orbis IP Practice, a law firm specializing in intellectual property issues.

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Tel: +91 11 2371 6565

Fax: +91 11 2371 6556

Email: mail@lexorbis.com

www.lexorbis.com

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