- Case number
- W.P. No.8451 of 2023
- Court
- Madras High Court
- Date of judgment
- Judge
- N. Senthilkumar W. P
- Outcome
- Dismissed
Headnote
Writ petition against an Opposition Board's recommendation in a post grant opposition dismissed as not maintainable. The Court held that a recommendation under section 25(3) is only that: the Controller decides the opposition on its own merits and may concur with the recommendation, reject it, or call for a freshly constituted Board. A complaint that the Board failed to consider the patentee's evidence or applied its mind can be raised at the hearing under Rule 62, and the final order is appealable under section 117A, so no prejudice arises from leaving the recommendation undisturbed.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.