https://www.taxtmi.com/caselaws?id=292646 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. en-us Tue, 27 Nov 2012 00:00:00 +0530 Sat, 02 Jan 2021 18:38:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=292646 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. Case-Laws Indian Laws Tue, 27 Nov 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=292646