Section 117E of (ACT NO. 39 OF 1970) in hindi
- (1)The Controller shall have the right to appear and be heard—
- (a)in any legal proceedings before the 1[High Court] in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the patent office is raised;
- (b)in any appeal to the 1[High Court] from an order of the Controller on an application for grant of a patent—
- (i)which is not opposed, and the application is either refused by the Controller or is accepted by him subject to any amendments, modifications, conditions or limitations, or
- (ii)which has been opposed and the Controller considers that his appearance is necessary in the public interest, and the Controller shall appear in any case if so directed by the 1[High Court].
- (2)Unless the 1[High Court] otherwise directs, the Controller may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him or of the practice of the patent office in like cases, or of other matters relevant to the issues and within his knowledge as the Controller may deem it necessary, and such statement shall be evidence in the proceeding. 117F. [Costs of Controller in proceedings before Appellate Board.] Omitted by the Tribunals Reforms Act, 2021 (33 of 2021), s. 13 (w.e.f. 4-4-2021).
117G. [Transfer of pending proceedings to Appellate Board.] Omitted by s. 13, ibid.
(w.e.f. 4-4-2021). 117H. [Power of Appellate Board to make rules.] Omitted by s. 13, ibid. (w.e.f. 4-4-2021).
Summary
(1) The Controller shall have the right to appear and be heard, (a) in any legal proceedings before the 1[High Court] in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the patent office is raised; (b) in any appeal.
Practical examples
FAQ
1. Can the Controller represent themselves in court under the Patents Act, 1970?
Yes, under Section 117E of the Patents Act, 1970, the Controller has the right to appear and be heard in High Court proceedings that involve modifying the register or when public interest is involved.
2. Does the Controller have to travel to court for every appeal under the Patents Act, 1970?
No, under Section 117E of the Patents Act, 1970, the Controller can submit a signed written statement instead of appearing in person, unless the High Court specifically orders them to attend.
3. What can the Controller include in their written statement to the court under the Patents Act, 1970?
Under Section 117E of the Patents Act, 1970, the Controller can include details of the patent office proceedings, the grounds for their decisions, and general patent office practices in their written statement.
4. Is a written statement sent by the Controller considered evidence under the Patents Act, 1970?
Yes, under Section 117E of the Patents Act, 1970, any signed written statement submitted by the Controller is treated as valid evidence in the court proceedings.
Test yourself
Q1.Under Section 117E of the Patents Act, 1970, in which situation does the Controller have a right to appear and be heard before the High Court?
Q2.Under Section 117E of the Patents Act, 1970, what can the Controller do instead of appearing in person before the High Court?
Q3.Under Section 117E of the Patents Act, 1970, when is the Controller legally required to make a physical appearance in a High Court proceeding?
Q4.Under Section 117E of the Patents Act, 1970, the Controller's right to appear in legal proceedings is triggered if the case before the High Court involves which of the following?
Q5.Under Section 117E of the Patents Act, 1970, who must sign the written statement submitted to the High Court in lieu of the Controller's personal appearance?