In a short order dated October 8, 2012, the Intellectual Property Appellate Board (IPAB) has ruled that an order passed by the Controller of Patents in a review petition under Section 77(1)(f) of the Patents Act is not appealable before the IPAB.
The conclusion was arrived at on literal interpretation of Section 117A of the Act since under the said provision only decisions, orders or directions of the Controller issued under the provisions expressly mentioned in Section 117A(2) are appealable before the IPAB.
Support was drawn from Order 47, Rule 1 of the Code of Civil Procedure under which there is no appeal from an order passed in a review petition.
Some might argue that an order passed in a review petition is still an order passed under the original provision which governs the proceeding. Simply put, a review of a decision under Section 15 could still be treated an order under Section 15. Therefore, another appeal from the order in the review petition must lie. The counter to this is that, if an appeal against the original decision is already provided for under the Act, there is no reason to provide for an additional appeal against the review order as well.