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august 2008

Supreme Court of India · 2008-08-21

J.MITRA & CO.PVT.LTD. vs ASST.CONTROLLER OF PATENTS & DESIG.

Citation / case number
SC 2008/17829
Court
Supreme Court of India
Petitioner
J.MITRA & CO.PVT.LTD.
Respondent
ASST.CONTROLLER OF PATENTS & DESIG.
Author
S.H. KAPADIA
Bench
S.H. KAPADIA,B. SUDERSHAN REDDY, , ,

Judgment text excerpt

The Supreme Court addressed the confusion arising from the postponed commencement of the Patents (Amendment) Act, 2005, particularly concerning the application of Sections 25 and 116 of the Indian Patents Act, 1970. The Court clarified that appeals against decisions made by the Controller regarding 'pre-grant oppositions' under Section 25 were maintainable before the High Court under Section 116(2) as it stood in 2000. The judgment emphasized the importance of clear legislative timelines and the implications of amendments on pending patent applications.

J.MITRA & CO.PVT.LTD. vs ASST.CONTROLLER OF PATENTS & DESIG. · Niyam