Section 117A of the Patents Act, 1970
Appeals to High Court
Section 117A lists which decisions of the Controller can be appealed and sends those appeals to the High Court.
Official legal text
The verbatim statutory text of this provision is reproduced from the official source and checked by our legal reviewer before it is published here. Until that check is complete for this page, read the exact wording directly from the official source linked below — it is the only version that governs.
Read this as a plain-language summary. If it and the official text, or a relevant Gazette notification, say different things, the official text and the notification are what count.
What this section says, in plain language
An appeal is a request to a higher authority to look at a decision again. Section 117A answers two questions for patents: which decisions of the Controller can be challenged by appeal, and who hears that challenge. Since the Tribunals Reforms Act, 2021 abolished the Intellectual Property Appellate Board, the words Appellate Board in this section now read as High Court.
The section begins by closing the door and then opens it only for named items. As a general rule, no appeal lies from a decision, order or direction of the Central Government under this Act, nor from an act of the Controller done to give effect to such a decision. Only the decisions specifically listed can be appealed. That list covers the moments that genuinely change an applicant's or a patentee's position: refusal of an application or a direction to amend it, orders about dividing an application or changing its date, orders passed after anticipation objections, substitution of applicants, the decision ending a post-grant opposition, mention of the inventor, directions to co-owners, patents of addition, amendment of a specification, restoration of a lapsed patent, surrender, registration of assignments, correction of clerical errors, and the compulsory licence group of decisions. The exact list of sections is set out in the section itself and is amended from time to time, so read it before you file.
What is left out matters just as much. A decision on a pre-grant representation under Section 25(1) is not in the list, so it cannot be taken up as an appeal here. A party who wants to challenge it normally files a writ petition in the High Court, which is a narrower remedy because the court examines the legality of the process more than the merits of the science.
Timing is strict. The appeal must be filed within three months from the date of the decision, order or direction, in the form prescribed and properly verified. The High Court can admit an appeal after that period if the appellant shows a sufficient reason for the delay, but that is a request the court can refuse. The appeal goes to the High Court having territorial jurisdiction, and in Delhi, Madras and Calcutta it is heard by the Intellectual Property Division under that court's rules.
On hearing the appeal the High Court can uphold the Controller's order, set it aside, or send the matter back to the Patent Office with directions, for example to hear the applicant again. The Controller can appear and assist the court under Section 117E. Applicants sometimes also consider a review by the Controller under Section 77 read with Rule 130, which has its own short window.
Why this section matters
Applicants whose patent applications are refused, patentees who lose a post-grant opposition, and parties in compulsory licence and restoration matters.
Immediately after an adverse order of the Controller, because the clock starts on the date of that order.
A statutory right to have a listed decision of the Controller re-examined by a High Court, along with a time limit for using it.
The order becomes final in practice, the application stands refused or the patent stays revoked, and only a discretionary delay application can revive the challenge.
How it works in practice
A refusal that nearly went unchallenged
Kestrel Robotics Pvt Ltd of Coimbatore files a patent application for a fruit-sorting arm. After the examination report and a hearing, the Controller refuses the application under Section 15, holding that the amended claims lack an inventive step. The order is dated 4 March. The company's founder assumes the three months begin when the order reaches her inbox two weeks later, and spends six weeks negotiating fees with a litigation firm. Her patent agent corrects her: the period runs from the date of the order, not from the day she read it. The appeal is filed in the High Court in the last week of May, within three months, with the Controller as respondent. In the appeal Kestrel argues that the hearing notice raised only clarity objections and that inventive step was decided without giving the company a chance to respond. The High Court finds the point substantial, sets aside the refusal, and sends the application back to the Patent Office for a fresh hearing on that ground.
Simplified illustration only. Actual legal outcomes depend on the facts.
Key points to remember
- Only the decisions listed in Section 117A can be appealed; everything else needs a different remedy.
- Appeals go to the High Court, not to any tribunal, since IPAB was abolished in 2021.
- The normal period is three months from the date of the decision, order or direction.
- The High Court can condone delay if a genuine reason is shown, but you must ask and explain.
- A pre-grant opposition decision under Section 25(1) is outside this section; a writ petition is the usual route.
- The High Court can confirm, reverse, or remand the matter to the Controller with directions.
Common mistakes and misunderstandings
- Believing the three months start when you receive a copy of the order. The section counts from the date of the decision, order or direction itself.
- Assuming every unfavourable act of the Controller is appealable. If the section does not list it, the appeal is not maintainable and the papers will be returned or dismissed.
- Filing before the Appellate Board or asking for an IPAB number. That tribunal no longer exists and its functions have moved to the High Courts.
- Treating an appeal as a chance to file a completely new case. The High Court reviews what happened before the Controller, so the record and the grounds raised at the hearing matter.
Connected provisions
- ActSection 15Power of Controller to refuse or require amended applications, etc., in certain cases
- ActSection 25Opposition to the patent
- ActSection 57Amendment of application and specification before Controller
- ActSection 117EAppearance of Controller in legal proceedings
- ActSection 116Appellate Board Omitted
Indian patent law works in two layers. The Act carries the substance and the Rules carry the machinery. Because the layers are amended by different processes and at different times, they are presented in separate blocks instead of being merged into one description.
Forms, deadlines and fees
- An appeal under this section must normally be filed within three months from the date of the Controller's decision, order or direction.
- A late appeal can be admitted only if the High Court is satisfied there was sufficient cause for the delay, so file the delay application with the appeal.
- A review by the Controller under Rule 130 has its own separate and much shorter window; check the current Rule before choosing that route.
Open the deadline calculator — and have every date confirmed against the current Rules before you rely on it.
Any official fee connected with this provision is fixed by the First Schedule to the Patents Rules, not by the provision itself. The amount depends on who the applicant is and on whether the filing is made online or on paper, so no figures are reproduced here. How Indian patent fees work.
Amendment history
What changed in this provision, newest first. Read the footnotes in the official consolidated text for the full record.
- 2021The Tribunals Reforms Act, 2021Appeals now lie to the High Court. References to the Appellate Board were replaced throughout the section.
- 2005The Patents (Amendment) Act, 2005The list of decisions that may be appealed was updated to match the renumbered examination and opposition provisions. Attribution pending reviewer confirmation.
- 2002The Patents (Amendment) Act, 2002The section was inserted, creating the appeal route against specified decisions of the Controller and the Central Government and listing the orders that cannot be appealed.
Compiled from official consolidated texts and Gazette notifications. See the site-wide change log.
Related judgments
You will not find case summaries under this heading today. Each one must pass a legal review before it appears, and that work has not been completed for this provision. If you are researching decided cases, use a law report or a court database in the meantime. How case notes are prepared.
Questions people ask about Section 117A
Which court hears an appeal against a Controller's order today?
The High Court having territorial jurisdiction over the matter. Since the Tribunals Reforms Act, 2021 abolished the Intellectual Property Appellate Board, references to the Appellate Board in Section 117A are read as the High Court. Delhi, Madras and Calcutta High Courts have created Intellectual Property Divisions, and patent appeals filed there are listed before those benches under dedicated rules covering pleadings, expert evidence and confidentiality. Before filing, confirm which High Court has jurisdiction based on the appropriate patent office and the parties involved.
Can I appeal a pre-grant opposition decision under Section 117A?
No. The list in Section 117A includes the decision at the end of a post-grant opposition under Section 25(4), but not a decision on a pre-grant representation under Section 25(1). A party aggrieved by a pre-grant decision usually files a writ petition in the High Court instead. A writ court looks mainly at whether the Controller followed a fair procedure, gave reasons and stayed within his powers, rather than re-deciding the technical merits. Note that a pre-grant opponent may still be able to file a post-grant opposition after grant.
What happens to my application while the appeal is pending?
The refusal stands unless the High Court says otherwise, so the application is not treated as pending before the Patent Office in the ordinary sense. If the appeal succeeds, the usual outcome is that the order is set aside and the matter goes back to the Controller for fresh consideration, often with specific directions. Meanwhile, keep watching related dates, such as renewal or national phase timelines in other countries, because an Indian appeal does not pause obligations elsewhere.
Do I need a lawyer to file a patent appeal in the High Court?
An appeal under Section 117A is a court proceeding, so it follows the rules of the High Court rather than Patent Office practice. In practice it is drafted and argued by an advocate, often working with a patent agent who understands the technical record and the prosecution history. A registered patent agent who is not an advocate can appear before the Controller but is not entitled to argue for a party in the High Court. Choose a team that can handle both the legal and the technical parts of the record.
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