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november 2012

Supreme Court of India · 2012-11-27

Cipla Ltd vs Union Of India & Ors

Citation / case number
AIRONLINE 2012 SC 363
Court
Supreme Court of India
Petitioner
Cipla Ltd
Respondent
Union Of India & Ors
Bench
Dipak Misra, K.S. Radhakrishnan

Judgment text excerpt

The Supreme Court addressed the revocation of a patent under Section 25 of the Patents Act, 1970, emphasizing the necessity of providing parties with the recommendation of the Statutory Board as mandated by Section 25(4). The Court held that the absence of this document compromised the fairness of the proceedings, necessitating a remand to the Controller for fresh consideration in accordance with the law. The ruling underscores the importance of procedural compliance in patent opposition proceedings.

Cipla Ltd vs Union Of India & Ors · Niyam