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november 2012

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.

CIPLA LTD vs UNION OF INDIA . · Niyam