Natural justice in patent opposition requires disclosure of the Opposition Board's recommendation before the Controller decides the matter.

In patent opposition proceedings, the Opposition Board's reasoned recommendation forms a material part of the Controller's decision-making process, and fairness requires that the parties be given access to it before the final order is made. Although the Patents Act, 1970 and the Patent Rules, 2003 do not expressly require supply of the report, withholding it denies an effective hearing and breaches natural justice. The Supreme Court therefore set aside the Controller's revocation order and remitted the matter for fresh consideration after hearing all parties and allowing them to respond to the Board's recommendation, without deciding the merits of the patent dispute.

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Issues: Whether the Controller's order revoking the patent was vitiated for non-furnishing of the Opposition Board's recommendation to the parties, and whether the matter had to be remitted for fresh consideration.

Analysis: The statutory scheme under the Patents Act, 1970 and the Patent Rules, 2003 requires the Opposition Board to examine the opposition, submit a reasoned report on each ground, and enables the Controller to take that recommendation into account while deciding the opposition. Although the Act and Rules do not expressly mandate supply of the report, the recommendation is a crucial component of the decision-making process. Denial of access to that report prevents an effective hearing before the Controller and attracts the requirements of natural justice.

Conclusion: The Controller's order was set aside for violation of principles of natural justice, and the matter was remitted to the Controller for fresh decision after hearing all parties and affording them an opportunity to respond to the Opposition Board's recommendation.

Final Conclusion: The appeal succeeded to the extent of securing quashing of the impugned orders and a remand for de novo consideration by the Controller, without any determination on the merits of the patent dispute.

Ratio Decidendi: Where a statutory decision-maker relies on a reasoned recommendation forming a material part of the adjudicatory process, fairness requires that the parties be given access to that recommendation before the final decision is taken.

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