INTELLECTUAL PROPERTY APPELLATE BOARD :
Pursuant to the amendments introduced to the Patents Act, 1970 in 2002, a specialized forum called Intellectual Property Appellate Board (“IPAB”) has been constituted by the Central Government on September 15, 2003 to hear and adjudicate appeals against the decisions of the Registrar under the Trade Marks Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Act, 1999.
In India only High Courts have the power to deal with both infringement and invalidity of patents simultaneously. Now the IPAB has since April 2, 2007 been extended to Patent law and is now authorized to hear and adjudicate upon appeals from most of the decisions, orders or directions made by the Controller of Patents. Also vide a notification, all pending appeals from the Indian High Courts under the Patents Act were transferred to the IPAB from April 2, 2007.
The IPAB has its headquarters at Chennai and has sittings at Chennai, Mumbai, Delhi, Kolkata and Ahmedabad.
Jurisdiction: Every appeal from the decision of the Controller to the IPAB must be made within three months from the date of the decision, order or direction, as the case may be, or within such further time as the IPAB may permit, along with the prescribed fees.
The IPAB has appellate jurisdiction against the decision of the Controller or Central Government of India in matters specified under Section 117A of the Patents Act, 1970.
Exceptions: The IPAB (Procedure) Rules, 2003 exempt orders passed by the Central Government of India with respect to inventions pertaining to defense purposes, including directions of secrecy in respect of such inventions, revocation if the patent is contrary or prejudicial to public interest, or pertains to atomic energy, from the purview of appeal to the IPAB.
An order of the Controller granting an extension of time under any provision of the Patent Act 1970 is also not appealable.
Transfer of pending proceedings to IPAB: The IPAB is the sole authority to exercise the powers and adjudicate proceedings arising from an appeal against an order or decision of the Controller. All the cases pertaining to revocation of patent, other than a counter-claim in a suit for infringement, and rectification of register pending before the Indian High Courts shall be transferred to the IPAB.
In case of a counter-claim in a suit for infringement, the Indian High Courts continue to be the competent authority to adjudicate on the matter.
The IPAB also has exclusive jurisdiction on matters related to revocation of patent and rectification of register.
The IPAB in its sole discretion may either proceed with the appeals afresh or from the stage where the proceedings were transferred to it.