In which of the following cases, an appeal shall not lie to the High Court under the Patents Act, 1970?
Section 117A(2) of the Patents Act, 1970 lists the decisions of the Controller that can be appealed, among them decisions under sections 15, 17 and 54. Section 21 is not in…
Choose your answer
In which of the following cases, an appeal shall not lie to the High Court under the Patents Act, 1970?
Answer and explanation
Correct answer D
Section 117A(2) of the Patents Act, 1970 lists the decisions of the Controller that can be appealed, among them decisions under sections 15, 17 and 54. Section 21 is not in the list, so an application deemed abandoned for not being put in order for grant within the prescribed time carries no right of appeal.
Since the Tribunals Reforms Act, 2021 abolished the Intellectual Property Appellate Board (IPAB) with effect from 4 April 2021, appeals under section 117A lie to the High Court; the list of appealable sections, which does not include section 21, is unchanged.
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