A sues B for the violation of his patent (granted on 1.1.2024, the grant being published in January…

Under section 64(1) of the Patents Act, 1970, as amended by the Tribunals Reforms Act, 2021, a patent may be revoked by the High Court either on a petition of any person interested or on a counter-claim in a suit for infringement. B can therefore file a revocation petition at the High Court, or make a counter-claim for revocation in the district court suit, in which case the proviso to section 104 requires the suit and the counter-claim to be transferred to the High Court for decision. A revocation petition under section 64 does not lie before the Controller, and a post-grant opposition under section 25(2) must be filed within one year from the date of publication of the grant, which had expired by 1.2.2025.

Before the Tribunals Reforms Act, 2021 abolished the Intellectual Property Appellate Board (with effect from 4 April 2021), a revocation petition lay to that Board and not to the High Court.