Filing Appeal in High Court
The filing of appeal in High Court for patent refusal is a legal remedy available to applicants under the Indian Patents Act, 1970. If a patent application is refused by the Controller of Patents, the applicant has the right to challenge the decision before the appropriate High Court.
- Who Can Appeal? Any aggrieved applicant whose patent has been refused after examination of patent or/and hearing of patent can file an appeal in High Court.
- Time Limit for Appeal: The appeal must be filed within 3 months from the date of communication of the refusal order. An extension can also be availed by filing condonation of delay.
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Grounds for Appeal: Some of the grounds of the appeal in High court comprise
- Misinterpretation of patentability criteria.
- Procedural irregularities during examination or hearing.
- Improper consideration of prior art or technical submissions.
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Filing Process:
- Draft and file an appeal with supporting documents.
- Include a certified copy of the Controller’s order and pay the prescribed fee.
- The High Court may issue notices, conduct hearings, and review the case on merits.
- Outcome: The High Court may uphold, modify, or reverse the Controller’s decision after subsequent hearing. In some cases, it may remand the matter for reconsideration.
Filing an appeal in the High Court empowers applicants to seek judicial review and protect their innovation rights when a patent is unjustly refused.