Patents Act · Chapter XIX

Appeals

Chapter XIX of the Patents Act, 1970 contains 10 sections, of which 8 have been omitted. Each one has its own page with a plain-language explanation, a worked Indian example, the forms and deadlines it touches, and the rules it connects to.

Ch I Ch II Ch III Ch IV Ch IVA Ch V Ch VI Ch VII Ch VIII Ch IX Ch X Ch XI Ch XII Ch XIII Ch XIV Ch XV Ch XVI Ch XVII Ch XVIII Ch XIX Ch XX Ch XXI Ch XXII Ch XXIII

Sections in this chapter

In force

Omitted

116–117H

Section numbers

116Appellate Board OmittedSection 116 once named the tribunal that heard patent appeals; it was removed when that tribunal was abolished in 2021.
117Staff of Appellate Board OmittedSection 117 provided the staff and officers for the patent Appellate Board and was removed when that Board was abolished.
117AAppeals to High CourtSection 117A lists which decisions of the Controller can be appealed and sends those appeals to the High Court.
117BProcedure and powers of Appellate Board OmittedSection 117B borrowed procedural powers from trade mark law for the patent Appellate Board and was removed with that Board.
117CBar of jurisdiction of courts, etc. OmittedSection 117C stopped civil courts from deciding matters reserved for the patent Appellate Board and was removed in 2021.
117DProcedure for application for rectification, etc., before Appellate Board OmittedSection 117D set out how revocation and rectification applications were made to the Appellate Board and was removed with that Board.
117EAppearance of Controller in legal proceedingsSection 117E lets the Controller appear in court patent proceedings, or instead file a signed statement explaining the office record and practice.
117FCosts of Controller in proceedings before Appellate Board OmittedSection 117F dealt with the Controller's costs before the Appellate Board and was removed when that Board was abolished.
117GTransfer of pending proceedings to Appellate Board OmittedSection 117G moved pending patent cases from the High Courts to the Appellate Board and was removed when that Board closed.
117HPower of Appellate Board to make rules OmittedSection 117H let the Appellate Board frame its own procedural rules and was removed when the Board was abolished.