If any cases are under trial before the Appellate Board or the High Court for revocation of a patent under sections 64 and 104, where the validity of any claim is opposed and if the Appellate Board or the High Court finds the claim to be valid, it shall provide a certificate to the patentee…
When a patentee files an infringement case on a patent and if the Court finds that the infringement is valid for one or more claims but not valid for any (other) claims, the Court may order relief for only the claims that are infringed. Such relief shall not just be an order of warning (injunction)…
Whether applied for by any parties or not, if the Court requires scientific advisers report on matters of such infringement cases which are apart from law, the Court may at its discretion appoint a Scientific adviser to assist the Court in the proceedings of the Case. Remuneration for such scientific advisers shall be fixed by…
The Appellate Board shall be the board established under Trademarks Act, 1999 for any purpose of the Indian Patents Act, 1970. The Technical Member of the Appellate Board shall have the following qualifications for being appointed in such designation he should have served as a Controller or exercised the powers of a Controller for at least…
The appointments, nature and categories of officers and other employees to assist the Appellate Board shall be as decided by the Central Government as it thinks fit. The Salaries, allowances and conditions of service of such officers and employees shall be as decided by the Central Government The Officers and other employees of the Appellate…
No appeals shall be made to the Appellate Board against any of decisions or orders or directions issued by the Central Government or the Controller to be effectively implemented apart from the decisions that fall under the sections 15, 16, 17, 18, 19, 20, 25 (Sub-Section 4), 28, 51, 54, 57, 60, 61, 63, 66,69…
All provisions of sections 84 (Sub-Sections 2 to 6), 87, 92 and 96 of Trademarks Act, 1999 shall apply for the Appellate Board too to execute its functions as if according to the Trademarks Act, 1999. Those mentioned in the Trademarks Act, 1999 in the corresponding sections are, The Chairman is the head of the…
No Court or other authorities have power to exercise any jurisdiction or power or authority with the Appellate board on cases.
Formal procedure shall be followed on filing applications for revocation of patents or any rectifications to be made in the Registry. The Appellate Board shall issue a certified copy of every order or judgement of its relating to a Patent to the Controller and the Controller will amend the changes to the register as per…
The Controller shall have the right to appear before the Appellate Board and be heard when, any relief sought is including the change in the register of the patent office and any question arises on the practice of the patent office. any appeal to the Appellate Board is made from an order of the Controller…