The enactment of The Tribunal Reforms Act, 2021 resulted in abolishing of Intellectual Property Appellate Board. All matters pending before IPAB stood transferred to High Courts.
High Courts having territorial jurisdiction in respect of Revocation Petitions under Section 64 have to be determined on basis of where cause of action arises. The cause of action could arise where a patent is granted or commercial interest of a ‘person interested’ is affected or a cease and desist notice is sent from or where a suit for infringement has been filed. The list is merely illustrative. In sum and substance, a Revocation Petition under Section 64 could be maintainable wherever effect of a patent is felt.
|Patent Office||Territorial Jurisdiction|
|Mumbai||Gujarat, Maharashtra, Madhya Pradesh, Goa, Chhattisgarh, Union Territories of Daman & Diu and Dadra and Nagar Haveli|
|Delhi||Haryana, Himachal Pradesh, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, NCT of Delhi and Union Territories of Chandigarh, Jammu and Kashmir and Ladakh|
|Chennai||Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, Telengana and Union Territories of Puducherry and Lakshwadeep|
|Kolkata||Bihar, Jharkhand, Orissa, West Bengal, Sikkim, Assam, Meghalaya, Manipur, Tripura, Nagaland, Arunachal Pradesh and Union Territory of Andaman and Nicobar Islands.|
– Hon’ble Justice Pratibha M. Singh of Hon’ble High Court of Delhi, Dr. Reddy’s Laboratories Limited v. Controller of Patents, [C.O.(COMM.IPD-PAT) 3/2021] decided on 10.11.2022.