Appeals, adjudication and penalties
Where a Controller's decision goes next, and what the Act punishes.
The Intellectual Property Appellate Board was abolished in 2021 and its patent jurisdiction moved to the High Courts. Appeals from specified decisions of the Controller now go to the High Court.
Several offences were converted into civil penalties adjudicated by an officer of the Patent Office in 2023, with an appeal route, rather than being prosecuted as crimes.
Contravention of the secrecy provisions remains a serious matter with imprisonment as a possible consequence.
The provisions that govern this
Act sections and Rules are listed separately, as they always are on this site. Open a provision for its own explanation, example and deadlines.
- 14Consideration of report of examiner by Controller
- 15Power of Controller to refuse or require amended applications, etc., in certain cases
- 24ESuits relating to infringements
- 24FCentral Government and its officers not to be liable
- 40Liability for contravention of section 35 or section 39
- 41Finality of orders of Controller and Central Government
- 58Amendment of specification before High Court
- 71Rectification of register by High Court
- 77Controller to have certain powers of a civil court
- 80Exercise of discretionary powers by Controller
- 103Reference to High Court of disputes as to use for purposes of Government
- 116Appellate Board
- 117Staff of Appellate Board
- 117AAppeals to High Court
- 117BProcedure and powers of Appellate Board
- 117CBar of jurisdiction of courts, etc.
- 117DProcedure for application for rectification, etc., before Appellate Board
- 117EAppearance of Controller in legal proceedings
- 117FCosts of Controller in proceedings before Appellate Board
- 117GTransfer of pending proceedings to Appellate Board
- 117HPower of Appellate Board to make rules
- 118Contravention of secrecy provisions relating to certain inventions
- 119Falsification of entries in register, etc.
- 120Unauthorised claim of patent rights
- 121Wrongful use of words “patent office”
- 122Refusal or failure to supply information
- 123Practice by non-registered patent agents
- 124Offences by companies
- 124AAdjudication of penalties
- 124BAppeal
- 158Power of High Courts to make rules
- 42Omitted
- 62Hearing
- 69Procedure for the hearing of a claim or an application under section 28
- 78Procedure for the hearing of proceedings under section 51
- 119Refusal to recognise as patent agent
- 130Application for review of decisions or setting aside of orders of the Controller
- 136Scale of costs
- 139Hearing before the Controller to be in public in certain cases
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