J. MITRA & CO. PVT. LTD. versus ASST. CONTROLLER OF PATENTS & DESIG. & ORS.

J. MITRA & CO. PVT. LTD. versus ASST. CONTROLLER OF PATENTS & DESIG. & ORS.

Appeals filed against orders rejecting pre-grant opposition before the enforcement of amended provisions (Sections 116 and 117A) of Patents Act, 1970 should remain in the High Court and be decided according to the law as it stood on the date of filing, as the legislative intent for appeals to the Appellate Board was not yet effected due to delayed notification.

Parties
Appellant: J. Mitra & Co. Pvt. Ltd.; Respondents: Asst. Controller of Patents & Design & Ors.; Respondent No. 3: Span Diagnostics Limited
Jurisdiction
India
Judgment Date
21 August 2008
Procedural Posture
Civil Appeal / Disposal of Appeal Regarding Transfer and Maintainability Due to Statutory Amendments
Outcome
Appeals disposed of; pending appeals to remain and be heard by the High Court.
Legal Topics
Patent Law, Patent Opposition, Procedural Law, Statutory Interpretation
Intellectual Property Patent Law Patent Opposition Procedural Law Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

J. Mitra & Co. Pvt. Ltd.

Appellant

Asst. Controller of Patents & Design & Ors.

Respondents

Span Diagnostics Limited

Respondent No. 3

Procedural Posture

Civil Appeal / Disposal of Appeal Regarding Transfer and Maintainability Due to Statutory Amendments

Legal Issues

  1. 1 Whether appeals against rejection of 'pre-grant opposition' should be dismissed/transferred in light of the amendments to the Patents Act, 1970
  2. 2 Whether the restructuring of Section 25 and appeals process by Patents (Amendment) Act, 2005 affects pending appeals filed before the High Court

Ratio Decidendi

Appeals filed against orders rejecting pre-grant opposition before the enforcement of amended provisions (Sections 116 and 117A) of Patents Act, 1970 should remain in the High Court and be decided according to the law as it stood on the date of filing, as the legislative intent for appeals to the Appellate Board was not yet effected due to delayed notification.

Court Disposition

Appeals disposed of; pending appeals to remain and be heard by the High Court.

Orders

  • High Court directed to hear and decide FAO No. 292/06 and FAO No. 293/06 in accordance with Section 116 of Patents Act, 1970 as stood on 19.10.06.
  • No order as to costs.