Patents at the Intellectual Property Appellate Board: The First Ten Years

6 Pages Posted: 12 Oct 2017

See all articles by Feroz Ali

Feroz Ali

National Law School of India University

Roshan John

Independent

Date Written: October 12, 2017

Abstract

In the first decade of operation, the patent side of the Intellectual Property Appellate Board (IPAB) received a total of 769 cases which included appeals from the Patent Office and revocation petitions filed directly. In our empirical study of all the patent cases before the IPAB, we found that only 207 cases were decided by the IPAB, which includes both appeals and revocation applications. Over 70% of the patent cases filed are either pending in some stage or are yet to be taken up for admission. With an average disposal rate of about 20 patent cases a year, the wisdom of divesting the powers of the High Courts and constituting the patent bench at the IPAB needs to be reconsidered.

Keywords: Intellectual Property Appellate Board, IPAB, Patents, Appeals, Revocation of Patents

Suggested Citation

Ali, Feroz and John, Roshan, Patents at the Intellectual Property Appellate Board: The First Ten Years (October 12, 2017). Available at SSRN: https://ssrn.com/abstract=3051681 or http://dx.doi.org/10.2139/ssrn.3051681

Feroz Ali (Contact Author)

National Law School of India University ( email )

Nagarbhavi, PO Box 72
Bangalore, Karnataka 560072
India

Roshan John

Independent ( email )

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