Filing Review Petition
The filing of a review petition is a legal remedy available to applicants under the Indian Patents Act, 1970. It allows a party to request the Controller of Patents to reconsider a decision made during the patent prosecution process.
- Purpose of Review Petition: The review petition allows an applicant to request a reconsideration of the Controller’s decision. This petition aims to ensure that any errors, oversights, or new facts can be addressed after the initial decision has been issued.
-
Grounds of review: Any applicant may request a review of the Controller’s decision-
- if new and important matter or evidence is discovered ,which despite due diligence was not known or could not be presented at the time the order was passed;
- on account of some mistake or error apparent on the face of the record; or
- for any other sufficient reason.
- Time Limit for Filing: The petition must be filed within one month from the date of communication of the decision. An extension of time of one month may also be availed by filing an extension of time on Form 4.
-
Content:
- It must include a statement of grounds explaining why the decision should be reviewed.
- If the decision affects other parties, a copy of the petition must be shared with them.
- Outcome: The Controller may uphold, modify, or reverse the original decision based on the merits of the review petition. The Controller may also allow one more hearing.
Filing a review petition offers applicants a second chance to correct or challenge decisions that may impact their patent rights.