An International Guide to
Patent Case Management for Judges

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6.9 Appellate review

This section is limited to the miscellaneous aspects of review and appeal procedures not otherwise covered in Section 6.2.2. Appeals from orders of the Controller lie to the High Court. Appeals from the orders of a single judge of the High Court usually lie before the division bench of that court or the Supreme Court. Appeals from a commercial court (below the rank of the High Court) lie to the High Court.

Review, in Indian law, is only in case of an error apparent on the face of the record. A party who feels that the forum that rendered the judgment or order committed an error apparent on the face of the record can seek review.

6.9.1 Power of review of the Controller

The Controller has the powers of a civil court in any proceedings filed before it under the Patents Act, 1970, in respect of, among other things, reviewing234 their own decision on an application made235 within one month from the date of communication of such a decision or within an extended period not exceeding one month thereafter as the Controller may allow236 in a prescribed manner.237

6.9.2 Review against civil court orders

Even in civil suits dealing with infringement, review applications may be preferred by parties when the condition for filing a review under Section 114 of the Code of Civil Procedure is fulfilled238. Section 114 of the Code provides as under:

Subject as aforesaid, any person considering himself aggrieved—

  1. (a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred.
  2. (b) by a decree or order from which no appeal is allowed by this Code, or
  3. (c) by a decision on a reference from a Court of Small Causes,

    may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit.

6.9.3 Grounds for review

A review can be filed by any person aggrieved by an order or decree of the Controller or court from which an appeal is allowed, but no appeal has been preferred, or from which no appeal is allowed:

and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or on account of some mistake or error apparent on the face of the record or for any other sufficient reason, desires to obtain a review of the decree passed or order made against him.239

An application for review must be accompanied by a statement setting forth the grounds on which the review is sought. Where the decision in question concerns any other person in addition to the applicant, the Controller shall forthwith transmit a copy of the application and the statement to the other person concerned.

6.9.4 Appeals from review

No appeal lies from the decision of a Controller rejecting an application for review.240 Even under the Code of Civil Procedure, while an order allowing an application for review is appealable, an order rejecting an application for review is not.241