Dr. Reddy Laboratory Vs Controller of Patent & Ors

Judgment date:10.11.2022

Case No. C.O.(COMM.IPD-PAT) 3/2021

Name of Court: High Court of Delhi

Name of Hon'ble Justice: Pratibha M Singh, H.J.

Case Title: Dr. Reddy Laboratory Vs Controller of Patent & Ors

After enactment of the Tribunal Reforms Act 2021, the Intellectual Property Appellate Board has been abolished. All the cancellation petitions and other proceedings have been transferred to the Hon’ble High Court of Delhi.

Prior to enactment of the Tribunal Reforms Act 2021, Jurisdiction of the Intellectual Property Appellate Board used to be decided in accordance of jurisdiction of Respective Tribunal.

Now the question which arose , as to which court would be jurisdiction to entertain the Appeal and cancellation petitions, after abolition of the Tribunal Reforms Act 2021.

This question was addressed by the Hon’ble High Court of Delhi, as under:

Once orders are passed by the Patent Office on an application, any challenge to such order or direction would, therefore, ordinarily lie before the High Court in whose jurisdiction such appropriate office is located. This is because of the following reasons:

i. The appeal is a continuation of the original proceeding;

ii. The entire record of the patent application is readily available at the appropriate office;

iii. As per the scheme of the Rules, the concerned applicant would be domiciled, carrying on business or normally residing within the said territorial jurisdiction;

iv. The invention may have originally originated from the said territory;

v. The address of service in India in case of a foreign applicant would be in the territory where the appropriate office is located.

Thus it is apparent that jurisdiction of the revocation petition or appeal would be dependent upon the locus of relevant office of the Tribunals or in other words only that High Court would be having Jurisdiction to entertain the Appeal or cancellation petition in whose jurisdiction such appropriate office of the tribunal is located.

Ajay Amitabh Suman, [IP ADJUTOR]

IPR Advocate, Hon'ble High Court of Delhi.

ajayamitabh7@gmail.com, 9990389539

D/1027/2002

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Note: Information is shared in the public interest. It should not be taken as a substitute for legal advice as it may contain errors of understanding and presentation, including clerical errors.

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