An appeal shall not lie to the High Court as per the Patents Act, 1970 for the following option:

Section 117A(2) of the Patents Act, 1970 lists the decisions of the Controller or Central Government that are appealable, including those under sections 15, 25(4) and 84(1) to (5). Section 21, under which an application is treated as abandoned for failure to put it in order for grant within the prescribed time, is not in that list.

A refusal under section 15, a compulsory licence decision under section 84 and a post-grant opposition decision under section 25(4) are all appealable.

Since the Tribunals Reforms Act, 2021 abolished the Appellate Board (from 4 April 2021), appeals under section 117A lie to the High Court; the list of appealable sections, which still excludes section 21, is unchanged.