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    U/S 116 It Is Called As Appellate Board or Intellectual Property Appellate Board

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    Somya Srivastava
    The Appellate Board, also known as the Intellectual Property Appellate Board (IPAB), is a specialized tribunal established by the government to handle appeals related to patent decisions made by the controller. The IPAB is headquartered in Chennai and has branches in major cities across India. It aims to expedite the resolution of patent appeals and applications that were previously pending in various high courts. The IPAB comprises a chairman, technical members with relevant experience in patents and law, and other staff. It has quasi-judicial powers to remedy situations and impose penalties related to patent cases.

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    U/S 116 It Is Called As Appellate Board or Intellectual Property Appellate Board

    Uploaded by

    Somya Srivastava
    29 views2 pages
    The Appellate Board, also known as the Intellectual Property Appellate Board (IPAB), is a specialized tribunal established by the government to handle appeals related to patent decisions made by the controller. The IPAB is headquartered in Chennai and has branches in major cities across India. It aims to expedite the resolution of patent appeals and applications that were previously pending in various high courts. The IPAB comprises a chairman, technical members with relevant experience in patents and law, and other staff. It has quasi-judicial powers to remedy situations and impose penalties related to patent cases.

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    Patent - Apellate board

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    The Appellate Board, also known as the Intellectual Property Appellate Board (IPAB), is a specialized tribunal established by the government to handle appeals related to patent decisions made by the controller. The IPAB is headquartered in Chennai and has branches in major cities across India. It aims to expedite the resolution of patent appeals and applications that were previously pending in various high courts. The IPAB comprises a chairman, technical members with relevant experience in patents and law, and other staff. It has quasi-judicial powers to remedy situations and impose penalties related to patent cases.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    29 views2 pages

    U/S 116 It Is Called As Appellate Board or Intellectual Property Appellate Board

    Uploaded by

    Somya Srivastava
    The Appellate Board, also known as the Intellectual Property Appellate Board (IPAB), is a specialized tribunal established by the government to handle appeals related to patent decisions made by the controller. The IPAB is headquartered in Chennai and has branches in major cities across India. It aims to expedite the resolution of patent appeals and applications that were previously pending in various high courts. The IPAB comprises a chairman, technical members with relevant experience in patents and law, and other staff. It has quasi-judicial powers to remedy situations and impose penalties related to patent cases.

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    Appellate Board – Section 2(a)

     Appellate Board means appellate board referred to in Section 116.


     Appellate Board has been given variety of powers to deal with appeals pending before
    various High Courts as well as appeals against decision of the controller.

    U/S 116 it is called as Appellate board or Intellectual Property Appellate Board –


     A specialized tribunal set up by the government for deciding appeals to the decision of
    the controller and other related matters on patents such as revocation of patent.
     IPAB has it’s headquarter at Chennai and shall have sittings at Chennai, Mumbai, Delhi
    Kolkata and Ahmedabad.
     Objective is speedy disposal of appeals and ratifications of application which were
    pending in various high courts.
     IPAB comprises of Chairman, Technical Members and Other Staffs.
    Technical Members: They shall have –
    i) At least five years held as the post of controller.
    ii) For just 10 years functioned as a registered patent agent and possess a degree in
    science and technology or a master’s degree in science.
    iii) At least 10 years’ experience working as an advocate in practicing law relating to
    patent and design.
     IPAB is a kind of tribunal or quasi-judicial body. It is an individual or organization which
    has powers resembling those of a court of law or judge and is able to remedy a situation
    or impose legal penalties on a person or organization. For example IPAB, Income Tax
    Appellate Tribunal or Railway Claim Tribunals are quasi-judicial body.
     U/s 77 the controller is vested with certain powers of the civil court. Controller is the
    quasi-judicial authority and in any proceedings before him he shall have the power of a
    civil court.
     u/s 117 staff of appellate board –
    i.) The central government decides upon the staffs of appellate board and salary of the
    members.
     U/s 117A Appeals to Appellate Board -
    i) The orders of the controller or central government can be appealed in IPAB.
    ii.) The orders pass by the central government in relations to inventions relevant to
    defense purpose and orders of controller giving directions of secrecy in respect of such
    inventions under Section 35 and revocations of patents by the controller under section 65
    are not appellate.
    EXAMPLES -

    DIVISIONAL APPLICATION
    OPPOSITION TO GRANT OF PATENT
    AMMENDMENT
    SURRENDER OF PATENT
    COMPULSORY LICENSE
    REVOCATION OF PATENT FOR NONWORKING
    RESTORATION OF LAPSED PATENTS
    LICENSING OF RELATED PATENTS
    TERMINATION OF COMPULSORY LISCENSE

     Every appeal shall be made within 3 months from the date of the decision order or
    direction of the controller or the central government.
     Section 117B Procedure and powers of Appellate Board – the provision of section 84,
    87.92,95,96 of the Trademark act 1999 shall apply to the Appellate board in the discharge
    of its functions under this act in Trademark Act 1999.

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