My Lord, Revocation Petition under Section 64 of The Patents Act, 1970 is subject to The Limitation Act, 1963?
Section 2(1)(t) of The Patents Act, 1970 defines a ‘person interested’. Aloys Wobben v. Yogesh Mehra, (2014) 15 SCC 360 observed, a person may not be a ‘person interested’ when grant of concerned patent was published and yet on account of his activities at a later point in time, he may assume such a character or disposition. The said ‘interest’ could arise at any point of time before term of a patent expires. A ‘person interested’ in challenging grant of a patent, has various remedies available. The first remedy would be a post-grant opposition which could be filed within time prescribed under Section 25(2) of The Patents Act, 1970 read with The Patent Rules, 2003. The second remedy is under Section 64. Since ‘interest’ in seeking revocation could arise at any time, it is notable, there is no specific limitation period prescribed for seeking revocation under Section 64. By contrast, under Section 25(2), a specific period of limitation has been prescribed. To read Article 137 of The Limitation Act, 1963 into Section 64 of The Patents Act, 1970 would be in effect rewriting Section 64. This position is supported by IPAB decisions. Ajaib Singh, (1999) 6 SCC 82 observed, it is not Court’s function to prescribe limitation where Legislature in its wisdom had thought if fit not to prescribe any period.
– Hon’ble Justice Pratibha M. Singh of Hon’ble High Court of Delhi, Dr. Reddy’s Laboratories Limited v. Controller of Patents, [I.A. 3419/2022 in C.O. (COMM.IPD-PAT) 3/2021].