Section 117A of The Patents Act, 1970, PA : Section 117A: Appeals To Appellate Board

Explanation using Example

Let's consider a hypothetical scenario where a company, XYZ Innovations, had filed a patent application for a new technology they developed. However, the Controller under The Patents Act, 1970, rejects the application citing section 15, which relates to a lack of novelty in the invention. XYZ Innovations disagrees with the Controller's decision and believes their technology is indeed novel.

According to Section 117A of The Patents Act, 1970, XYZ Innovations has the right to appeal this decision. They can file an appeal to the Appellate Board, as section 15 is one of the sections listed in sub-section (2) from which an appeal can be made. The appeal must include a copy of the Controller's decision and must be accompanied by the prescribed fees.

Furthermore, the appeal must be filed within three months from the date of the Controller's decision. If they require more time, they can request an extension from the Appellate Board, which may grant additional time in accordance with its rules.