Supreme Court of India
J. Mitra & Co. Pvt. Ltd. v. Asst. Controller of Patents & Desig. & Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the view that ends of justice would be subserved if the High Court is directed to hear and decide the appeals bearing FAO No.292/06 and FAO No.293/06 in accordance with law as it then stood, i.e., F under Section 116 under Patents (Amendment) Act, 1999 against Orders passed by the Controller in "pre-grant opposition" proceedings.
Judgment, page 25
From the headnote
Indian Patents Act, 1970; Ss. 25, 116 and 117 as amended by Patents (Amendment) Acts 1999, 2002 and 2005: c Grant of patent - Opposition to - Pre-grant opposition as introduced in s.25 by 1999 amendment Act and post- grant opposition as introduced by the Amendment Act of 2005 - In terms of amended provisions of the Act appeal could be filed before the Board instead of High Court - Disposal of appeal pending before High Court in terms of amended provisions - Held: Dichotomy between opposition ~ to 'pre-grant' and 'post-grant' of patent introduced in terms of Patents (Amendment) Act, 2005 for
Where later benches applied it
Of those, 1 referred to
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