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Abstract
Recently the Delhi High court decided on an important question of law concerning the maintainability of a writ petition under Article 226 of the Constitution of India against an order of the Controller of Patents either allowing or rejecting a pre-grant opposition under Section 25(1) of the Patents Act 1970. The case is UCB FARCHIM SA v Cipla Ltd and Ors and Colorcon Inc v Ideal Cures Pvt Ltd and Ors and Yeda Research and Development Co Ltd v Natco Pharma Ltd and Ors and Eli Lilly and Co v Ajanta Pharma Ltd Ors WP (C) Nos 8393, 12006 and 13295 of 2009 and WP (C) No 332 of 2010 along with WP (C) Nos 8388 and 8392 of 2009. The Court combined the six writ petitions presented before it for determination to clarify the position of law as regards the remedy available to a person against the unfavourable orders of the Controller in pre-grant proceedings. The Court discussed the provisions of the Patents Act dealing with opposition, orders of the controller and appeal to the Intellectual Property Appellate Board and noted that while an appeal lay to the Appellate Board against orders in post-grant oppositions, no provision for appeal was provided in cases of pre-grant opposition.