This article has been written by Mr. Arjun Singh Tamang, a 2nd year student of Faculty of Law, University of Delhi
Introduction
The Indian Patent Act, 1970 is a statute enacted by the Government of India for protecting the rights of inventors or creators of products or processes that are new and useful. The Indian Patent Act provides legal protection to the inventor of the product or the process and ensures that the inventor is rewarded for his/her creativity and innovation. The Patent Act also ensures that the invention is not misused by others without the permission of the inventor. The Patent Act also provides for the appointment of a controller to facilitate the registration and examination of patent applications. The controller is an important officer who is responsible for the proper and effective implementation of the Patent Act.
Role and Responsibilities of a Controller
In India, a Controller is a designated official within the Indian Patent Office who is responsible for overseeing the administration and enforcement of the Indian Patent Act. The primary role and responsibilities of a Controller under the Indian Patent Act include the following:
Examination of patent applications: The Controller is responsible for examining patent applications to determine whether they meet the statutory requirements for patentability, including novelty, inventive step, and industrial applicability.
Grant and refusal of patents: The Controller has the power to grant patents if the patent application satisfies the statutory requirements or refuse them if they do not meet the requirements.
Opposition proceedings: The Controller is responsible for overseeing opposition proceedings, which allows third parties to challenge the validity of a granted patent.
Hearings and appeals: The Controller has the power to conduct hearings and appeals in relation to patent applications and opposition proceedings.
Post-grant proceedings: The Controller is responsible for overseeing post-grant proceedings, including revocation and compulsory licensing proceedings.
Administration of patent-related rules and regulations: The Controller is responsible for administering and enforcing patent-related rules and regulations, such as the rules governing the filing and prosecution of patent applications, and the rules governing the payment of patent fees.
Overall, the Controller plays a crucial role in the administration and enforcement of the Indian Patent Act, and ensures that patent applications and granted patents meet the statutory requirements for patentability.
Appointment of Controllers
According to the Patent Act, the Central Government is responsible for the appointment of controllers for the purpose of carrying out the functions of the Patent Act. The controller is appointed by the Central Government on the recommendation of the Controller General of Patents, Designs and Trade Marks. The controller is appointed for a period of 5 years and may be re-appointed for a further period of 5 years.
Qualifications and Eligibility
The Central Government is empowered to prescribe the qualifications and eligibility criteria for the appointment of a controller. The controller should have sufficient knowledge in the subject of patents and should have adequate experience in the field of patent law. The controller should also have a degree in science, engineering or technology from a recognized university.
The controller should also be a citizen of India and should have at least 10 years of experience in the field of patent law. The controller should also have an understanding of the principles and practices of patent law and should have adequate experience in the examination, registration and enforcement of patent rights.
Powers and Functions of the Controller
The controller is empowered to take all necessary steps for the proper and effective implementation of the Patent Act. The controller is authorized to register patent applications and has power and authority to decide whether or not to grant the patent of the application. The controller is also authorized to suspend or revoke a patent if the patentee fails to comply with the provisions of the Patent Act. The controller is also authorized to initiate proceedings for the infringement of patents and for the imposition of penalties on infringers.
Here are some key case laws related to the role of Controller under the Indian Patents Act:
In the case of Natco Pharma Limited v. Controller of Patents and Designs (2009), the High Court of Delhi held that the Controller of Patents has the power to correct any clerical errors or obvious mistakes in a patent application.
In the case of Novartis AG v. Union of India (2013), the Supreme Court of India held that the Controller of Patents has the power to grant or refuse a patent based on the statutes of the Indian Patents Act and the regulation made there under. The Court also held that the Controller has the power to revoke a patent if it is found to have been wrongly granted.
In the case of F. Hoffmann-La Roche Ltd. v. Cipla Ltd. (2015), the Delhi High Court held that the Controller of Patents has the power to issue interim orders, such as injunctions, to prevent infringement of a patent while it is being challenged in court.
In the case of Monsanto Technology LLC v. Nuziveedu Seeds Ltd. (2019), the Delhi High Court held that the Controller of Patents has the power to hear and decide disputes related to licensing of patents. The Court also held that the Controller can revoke a license if it is found to be invalid or contrary to the provisions of the Patents Act.
Enercon GmbH v. Wind World (India) Ltd. (2016): The Supreme Court of India held that a controller was entitled to protect its patents from contempt and infringement as long as the controller owned the patent.
Pfizer Inc. v. Ranbaxy Laboratories Ltd. (2007): The Apex Court of India held that the controller of a patent had the right to sue the infringer even if the patent was not registered in the controller’s name at the time of the infringement.
Bayer AG v. Cipla Ltd. (2011) The Supreme Court of India held that the controller of a patent was entitled to protect it against infringement, even if the patent had not been registered in the controller’s name at the time of the infringement.
Cadila Healthcare Ltd. v. Ranbaxy Laboratories Ltd. (2006) The Supreme Court of India held that a controller was entitled to bring an infringement action against a third party even if the patent was not registered in the controller’s name at the time of the infringement.
Conclusion
The controller is an important officer appointed by the Central Government for the implementation of the Patent Act. The controller is responsible for the registration, examination and enforcement of patent rights. The controller is also authorized to initiate proceedings for the infringement of patents and for the imposition of penalties on infringers. The controller is appointed for a period of 5 years and may be re-appointed for a further period of 5 years. The controller should have adequate experience and knowledge in the field of patent law and should have a degree in science, engineering or technology from a recognized university. These qualifications are the necessity as he has lot of duty to fulfill.
References
POWERS OF THE CONTROLLER UNDER THE INDIAN PATENT REGIME
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