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Legal Implications of Intra-Court Appeal in Patent Opposition Case

The recent legal case involving an intra-court appeal over a patent opposition decision underscores the complexities within intellectual property law, particularly regarding patent examination processes. This analysis delves into the key legal arguments, implications, and the court's ruling in this case.

The appellant initiated a pre-grant opposition against a patent application, contesting the decision of the Joint Controller of Patents and Designs. Despite initial dismissal by the Controller, the appellant pursued legal recourse, leading to an intra-court appeal following the Single Judge's order.

Role of Pre-Grant Opposition:
Pre-grant opposition serves as a vital mechanism in patent examination, allowing third parties to challenge the grant of patents. It aids the Controller in evaluating applications, ensuring that only deserving inventions receive patent protection.

Legal Framework:
The appellant sought relief under Article 226 of the Indian Constitution, which provides for the extraordinary jurisdiction of the court to remedy jurisdictional errors or manifest injustice. This constitutional provision forms the crux of the appellant's argument in challenging the Controller's decision.

Court's Analysis:
The Division Bench of the High Court of Delhi scrutinized whether the Single Judge erred in not entertaining the writ petition against the Controller's rejection of the pre-grant opposition. Central to their analysis was determining whether the Controller's decision exhibited jurisdictional errors or manifest injustice warranting interference under Article 226.

After careful consideration, the Division Bench concluded that the Controller's decision did not demonstrate any jurisdictional errors or manifest injustice. Therefore, the appeal was dismissed, upholding the Controller's initial ruling on the pre-grant opposition.


This case sets a precedent regarding the threshold for judicial intervention in patent opposition matters. It reaffirms the principle that while Article 226 provides a remedy for aggrieved parties, courts will only intervene if there are clear jurisdictional errors or manifest injustice.

The intra-court appeal in the patent opposition case elucidates the nuanced interplay between administrative decisions, legal recourse, and judicial review within the realm of intellectual property law. It underscores the importance of upholding the integrity of the patent examination process while also ensuring avenues for redressal in cases of procedural irregularities or injustice.

The Case Discussed:
Case Title: Rich Products Corporation Vs The Controller Of Patents and another
Judgment/Order Date: 01.05.2024
Case No: LPA 257/2024
Neutral Citation:2024:DHC: 3451
Name of Court: Delhi High Court
Name of Hon'ble Judge: Vibhu Bakhru and Tara Vitasta Ganju, H.J.

This article is meant for informational purposes only and should not be construed as substitute for legal advice as Ideas, thoughts, views, information, discussions and interpretation perceived and expressed herein are are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue of law involved herein.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor - Patent and Trademark Attorney
Email: [email protected], Ph no: 9990389539

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