Appellate Board – Section 2(a)

 Appellate Board means appellate board referred to in Section 116.

 Appellate Board has been given variety of powers to deal with appeals pending before
various High Courts as well as appeals against decision of the controller.

U/S 116 it is called as Appellate board or Intellectual Property Appellate Board –

 A specialized tribunal set up by the government for deciding appeals to the decision of
the controller and other related matters on patents such as revocation of patent.
 IPAB has it’s headquarter at Chennai and shall have sittings at Chennai, Mumbai, Delhi
Kolkata and Ahmedabad.
 Objective is speedy disposal of appeals and ratifications of application which were
pending in various high courts.
 IPAB comprises of Chairman, Technical Members and Other Staffs.
Technical Members: They shall have –
i) At least five years held as the post of controller.
ii) For just 10 years functioned as a registered patent agent and possess a degree in
science and technology or a master’s degree in science.
iii) At least 10 years’ experience working as an advocate in practicing law relating to
patent and design.
 IPAB is a kind of tribunal or quasi-judicial body. It is an individual or organization which
has powers resembling those of a court of law or judge and is able to remedy a situation
or impose legal penalties on a person or organization. For example IPAB, Income Tax
Appellate Tribunal or Railway Claim Tribunals are quasi-judicial body.
 U/s 77 the controller is vested with certain powers of the civil court. Controller is the
quasi-judicial authority and in any proceedings before him he shall have the power of a
civil court.
 u/s 117 staff of appellate board –
i.) The central government decides upon the staffs of appellate board and salary of the
members.
 U/s 117A Appeals to Appellate Board -
i) The orders of the controller or central government can be appealed in IPAB.
ii.) The orders pass by the central government in relations to inventions relevant to
defense purpose and orders of controller giving directions of secrecy in respect of such
inventions under Section 35 and revocations of patents by the controller under section 65
are not appellate.
EXAMPLES -

DIVISIONAL APPLICATION
OPPOSITION TO GRANT OF PATENT
 AMMENDMENT
SURRENDER OF PATENT
COMPULSORY LICENSE
REVOCATION OF PATENT FOR NONWORKING
RESTORATION OF LAPSED PATENTS
LICENSING OF RELATED PATENTS
TERMINATION OF COMPULSORY LISCENSE

 Every appeal shall be made within 3 months from the date of the decision order or
direction of the controller or the central government.
 Section 117B Procedure and powers of Appellate Board – the provision of section 84,
87.92,95,96 of the Trademark act 1999 shall apply to the Appellate board in the discharge
of its functions under this act in Trademark Act 1999.