Supreme Court of India · 2012-11-27
CIPLA LTD vs UNION OF INDIA .
- Citation / case number
- SC 2012/37021
- Court
- Supreme Court of India
- Petitioner
- CIPLA LTD
- Respondent
- UNION OF INDIA .
- Author
- DIPAK MISRA K.S. RADHAKRISHNAN
- Bench
- DIPAK MISRA K.S. RADHAKRISHNAN
Judgment text excerpt
The Supreme Court addressed the revocation of patent No. 209251 under the Patents Act, 1970, specifically citing Section 25(2) regarding opposition to patent grants. The Court found that the non-furnishing of the Statutory Board's recommendation to the parties constituted a procedural irregularity. Consequently, the Court remanded the matter back to the Controller for fresh consideration in accordance with the law, emphasizing the importance of due process in patent opposition proceedings.