Scope Of Remand In Pre-grant Oppositions

Introduction

The present article deals with a noteworthy decision of the Indian Patents Office ('IPO') on the pre-grant opposition under Section 25(1) of the Patents Act, 1970 ('Patents Act'). The said order was issued pursuant to the Delhi High Court ('High Court') remanding the matter to the Assistant Controller of Patents & Design ('Controller'). The said decision of the Controller is essentially a reasoned up-gradation of its earlier non-speaking order. This article also outlines the intervention of higher judicial forums in matters where quasi-judicial authorities have not dealt with a case in compliance with the principles of natural justice. Under the pillar of natural justice, a party is entitled to be made aware of the reasons for the decision. Pursuant to the direction¹ of remand by the High Court, the Controller delivered a detailed and reasoned order in the said pre-grant opposition while examining submissions of the parties at some length on the