Under the Patents Act, 1970, which of the following statements is correct?
Section 117E(1)(a) of the Patents Act, 1970 gives the Controller "the right to appear and be heard" in any legal proceedings before the High Court in which the relief sought…
Choose your answer
Under the Patents Act, 1970, which of the following statements is correct?
Answer and explanation
Correct answer D
Section 117E(1)(a) of the Patents Act, 1970 gives the Controller "the right to appear and be heard" in any legal proceedings before the High Court in which the relief sought includes alteration or rectification of the register, or in which a question of patent office practice is raised. He also has that right in certain appeals to the High Court against his orders on applications for patents (section 117E(1)(b)), and may instead file a written statement unless the High Court directs otherwise (section 117E(2)).
The Intellectual Property Appellate Board was abolished by the Tribunals Reforms Act, 2021 with effect from 4 April 2021. Under section 117A(2), an appeal now lies to the High Court from decisions of the Controller or the Central Government under the listed sections, which include section 15, and under section 117A(4) it must be filed within three months, or such further time as the High Court allows under its rules.
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