PatentDismissed 1 May 2024
Rich Products Corporation v. The Controller of Patents & Anr.
LPA 257/2024 & CM No.19528/2024
- Court
- Delhi High Court
- Bench
- Justice Vibhu Bakhru, Justice Tara Vitasta Ganju
- Outcome
- Dismissed
- Date of judgment
- 1/5/2024
Statutory provisions
Section 25(1), Patents Act 1970 — Grounds for pre-grant oppositionArticle 226, Constitution of India — Writ jurisdiction of High Courts
Key issue
Can a High Court entertain a writ petition against a Controller's order rejecting a pre-grant patent opposition, or should the appellant pursue alternative statutory remedies like post-grant opposition or patent revocation?
Summary
The appellant, Rich Products Corporation (RPC), appealed a Single Judge's decision not to entertain its writ petition. RPC had challenged an order from the Joint Controller of Patents and Designs that rejected its pre-grant opposition to a patent application by Tropilite Foods Pvt. Ltd. (TFPL) for an artificial liquid cream. The Single Judge had advised RPC to pursue other available remedies. The Division Bench affirmed this, stating that the Controller's decision showed no manifest or jurisdictional error that would warrant intervention under writ jurisdiction, and RPC had alternative remedies under the Patents Act, 1970.
Result: Appeal against the Single Judge's decision to dismiss a writ petition challenging the rejection of a pre-grant patent opposition is dismissed.
Tags
#pre-grant opposition#writ petition#alternative remedy#patent opposition#jurisdictional error
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