Appeals Under the Act

In one line

An appeal from the Controller lies to the High Court, only from the decisions section 117A(2) lists, and only within three months.

In the wording a student can write in an exam: section 117A of the Patents Act, 1970 provides that save as otherwise expressly provided in sub-section (2), no appeal shall lie from any decision, order or direction made or issued under the Act by the Central Government, or from any act or order of the Controller for the purpose of giving effect to such a decision; and that an appeal shall lie to the High Court from the decisions, orders or directions of the Controller or the Central Government under the sections enumerated there.

The provision itself

Section 117A(1): the general bar. Save as otherwise expressly provided in sub-section (2), no appeal shall lie from any decision, order or direction made or issued under this Act by the Central Government, or from any act or order of the Controller for the purpose of giving effect to any such decision, order or direction.

Section 117A(2): the enumerated appeals. An appeal shall lie to the High Court from any decision, order or direction of the Controller or Central Government under:

section 15, refusal or requirement of amendment; section 16, division; section 17, dating; section 18, anticipation; section 19, potential infringement; section 20, substitution of applicants; section 25(4), the order in a post-grant opposition; section 28, mention of the inventor; section 51, directions to co-owners; section 54, patents of addition; section 57, amendment before the Controller; section 60, restoration; section 61, the disposal of a restoration application; section 63, surrender; section 66, revocation in the public interest; section 69(3), registration of title; section 78, correction of clerical errors; sections 84(1) to (5), compulsory licences; section 85, revocation for non-working; section 88, the Controller's powers in granting a compulsory licence; section 91, related patents; section 92, licences on a Government notification; and section 94, termination of a compulsory licence.

Section 117A(3): the form. Every appeal shall be in the prescribed form, verified in the prescribed manner, and accompanied by a copy of the decision, order or direction appealed against and by the prescribed fees.

Section 117A(4): the time. Every appeal shall be made within three months from the date of the decision, order or direction, or within such further time as the High Court may, in accordance with the rules made by it, allow.

Broken down

The list is exhaustive and it is a closed list. Sub-section (1) bars every appeal except those sub-section (2) allows. So an order not on the list is not appealable, and the only route against it is a writ petition under article 226 of the Constitution.