Supreme Court · 2008 INSC 958 · Decided 21 August 2008
J. Mitra & CO. PVT. LTD. v. ASST. Controller of Patents & DESIG. & ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 958 · [2008] 12 S.C.R. 419
- Case number
- CIVIL APPEAL No. 5183/2008
- Decided
- 21 August 2008
- Bench
- S.H. KAPADIA, B. SUDERSHAN REDDY (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
Headnote
Indian Patents Act, 1970; Ss. 25, 116 and 117 as amended by Patents (Amendment) Acts 1999, 2002 and 2005: c Grant of patent - Opposition to - Pre-grant opposition as introduced in s.25 by 1999 amendment Act and post- grant opposition as introduced by the Amendment Act of of amended provisions of the Act appeal could be filed before the Board instead of High Court - D Disposal of appeal pending before High Court in terms of amended provisions - Held: Dichotomy between opposition ~ to 'pre-grant' and 'post-grant' of patent introduced in terms of Patents
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