Section 117E:
Appearance of Controller in legal proceedings.
(1) The Controller shall have the right to
appear and be heard--
(a) in any legal proceedings before the 1[High Court] in which the relief sought includes
alteration or rectification of the register or in which any question relating to the practice of the patent
office is raised;
(b) in any appeal to the 1[High Court] from an order of the Controller on an application for
grant of a patent--
(i) which is not opposed, and the application is either refused by the Controller or is accepted
by him subject to any amendments, modifications, conditions or limitations, or
(ii) which has been opposed and the Controller considers that his appearance is necessary in
the public interest,
and the Controller shall appear in any case if so directed by the 1[High Court].
(2) Unless the 1[High Court] otherwise directs, the Controller may, in lieu of appearing, submit a
statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before
him relating to the matter in issue or of the grounds of any decision given by him or of the practice of the
patent office in like cases, or of other matters relevant to the issues and within his knowledge as the
Controller may deem it necessary, and such statement shall be evidence in the proceeding.
Notes:
1. Subs. by Act 33 of 2021, s. 13, for “Appellate Board” (w.e.f. 4-4-2021).