When the IPAB was abolished, patent appeals and revocation petitions moved to the High Courts — but which High Court? The Delhi High Court laid down the rules.
The gap it filled
The Tribunals Reforms Act, 2021 abolished the Intellectual Property Appellate Board (IPAB), transferring its work to the High Courts — but left open which High Court hears what. The Delhi High Court answered across three consolidated matters (Dr. Reddy’s, Thyssenkrupp Rothe Erde, Elta Systems v. Controller of Patents). (See our note on the IPAB’s abolition.)
The framework
India has four Patent Offices, each with jurisdiction over designated states; applications are filed at the office matching the applicant’s (or agent’s) address.
Revocation petitions (Section 64). These can be brought “wherever the effect of the patent is felt.” Drawing on Girdhari Lal Gupta v. Gian Chand Jain, the court distinguished:
- static effects (grant and continuation of the patent) — jurisdiction lies with the High Court where the patent was granted, since the cause of action begins with grant; and
- dynamic effects (the patent’s exclusionary, monopolistic impact) — jurisdiction also extends to where commercial interests are affected.
Appeals against Patent Office orders. The key is the “appropriate office.” Because of high caseloads, Controllers allocate examinations and hearings across offices — sometimes hearing a matter at a different location from filing. The court held the appropriate office is the situs of the patent application — so jurisdiction follows the original filing location, regardless of where the hearing happened.
The takeaways
- Appeals go to the High Court over the filing office — the situs of the application, not the hearing venue.
- Revocations can be filed where the patent’s effect is felt — the grant location and where commercial interests are hit.
- Plan filings with forum in mind. The office you file at determines your appellate forum later, so it is a strategic choice.
Frequently asked questions
Which High Court hears appeals against Patent Office orders after the IPAB? The High Court exercising jurisdiction over the “appropriate office” — the situs of the patent application — regardless of where the hearing was held.
Where can a Section 64 revocation petition be filed? Wherever the effect of the patent is felt — at the grant location and where the patent affects commercial interests.
Why does the filing office matter so much? Because it fixes the appropriate office and therefore your appellate High Court — making the choice of filing office strategically important.
What changed after the IPAB was abolished? Appeals and revocations moved from the IPAB to the High Courts; this ruling clarified which High Court has jurisdiction.
Legislation referred to
- The Patents Act, 1970