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 Patent Controller. 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 pertaining to:
- Refusal of application for failure to comply with provisions of the Act
- Orders relating to divisional application
- Orders relating to dating of application
- Decisions relating to anticipation
- Decisions and cases of potential infringement
- Decisions relating to substitution of applicants
- Decisions to amend/revoke patent
- Decisions related to inventor names
- Directions given to co-owners of the patent
- Decisions related to patents of addition
- Decisions related to amendment of application and specification
- Decisions related to restoration of lapsed patents
- Decisions related to surrender of patents
- Revocation of patents in public interest
- Registration of patent assignments
- Correction of clerical errors
- Decisions related to compulsory license of a patent
- Decisions related to revocation of patent for non-working
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 Court shall be transferred to the IPAB.
In case of a counter-claim in a suit for infringement, the Indian High Court continues 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.
Miscellaneous
The Controller has the right to appear and be heard in any legal proceedings before the IPAB seeking alteration/rectification of register on the grounds of practice of the Patent Office or any legal proceedings concerning the Controller's decision to grant/amend any un-opposed patent application or any legal proceeding concerning the patent application which is opposed and the Controller thinks his appearance is necessary in the interest of the public. In any legal proceedings before the IPAB, the Controller is not liable to pay costs.
Procedural Aspects
The IPAB also has powers to make rules consistent with the Patents Act 1970 pertaining to the conduct of proceedings. Every appeal shall be made in the prescribed format and with appropriate fees as per the provisions of the Intellectual Property Appellate Board (Procedure) Rules, 2003, within three months of the decision of the Controller/Central Government of India.