Situs Of High Court For Appeal U/S 117A Of Patents Act Determined By “Appropriate Office” Under Patent Rules: Delhi High Court

Case: Filo Edtech Inc v. Union of India & Anr.

Coram: Justice C. Hari Shankar

Case No.: C.A.(COMM.IPD-PAT) 30/2023

Court Observation: “The  words “for all proceedings under the Act” would clearly embrace all proceedings  from the stage of filing of the application before the Patent Office under  Section 7 till the filing of the appeal before the High Court under Section  117A.”

“The Coordinate Bench, in Dr. Reddys Laboratories, has taken a conscious decision  that the geographical location of the High Court, which could exercise  jurisdiction under Section 117A(2) would have to be determined based on the geographical location of the “appropriate office” having dominion over the  application within the meaning of Rule 4(2) of the Patent Rules.”

Previous Posts

‘Scheduled Offence’ Cannot Exist After Quashing Of FIR: Delhi High Court Quashes PMLA Proceedings

Private Car Act Policy | Gauhati High Court Sets Aside MACT Order Directing Insurance Company To Pay Compensation For Death Of Car Occupant

‘Seema Suraksha Bal’ A Central Force With Pan India Presence, Its Orders Subject To Challenge Across All High Courts: J&K High Court

Debt Recovery | Extension Of Interim Relief At The Time Of Remand Subject To Prima Facie Finding In Petitioner’s Favor: Delhi High Court

Section 245C(5) Of Income Tax Act Is Read Down By Removing Retrospective Last Date Of 1st Feb 21 As 31st March 21: Madras High Court

Keywords

Situs Of High Court For Appeal U/S 117A Of Patents Act