Abstract:
This article examines the issue of transferring patent cancellation petitions between different High Courts in India. It analyses a specific case where the respondent no.2 sought the transfer of revocation petitions from the High Court of Delhi to the High Court of Himachal Pradesh, in light of the Tribunal Reforms Act, 2021. The article also explores the powers of consolidation and transfer between High Courts and the limitations imposed by the relevant legal provisions.

Introduction:
The Patents Act, 1970 governs the law of patents in India, and it allows for the revocation of patents under Section 64. The Intellectual Property Appellate Board (IPAB) was responsible for hearing revocation petitions; however, with the enactment of the Tribunal Reforms Act, 2021, the IPAB was abolished, and revocation petitions are now to be filed exclusively before High Courts. This article delves into the jurisdictional aspect of transferring such revocation petitions between High Courts.

Background:
In the case under consideration, the respondent no.2, in response to the revocation petitions filed before the High Court of Delhi, sought the consolidation of these petitions with infringement suits pending before the High Court of Himachal Pradesh. The respondent argued that the grounds for revocation and the defences raised in the infringement suits were similar, justifying the consolidation of the cases.

The Court's Observations:
The Court acknowledged the changes brought about by the Tribunal Reforms Act, 2021, requiring all revocation petitions under Section 64 of the Patents Act to be filed before High Courts. The court, however, declined the request for transfer, stating that powers of consolidation under Rule 26(3) could only be exercised by the Intellectual Property (IP) Division of the Delhi High Court for Delhi matters only. The power of consolidation does not extend beyond the territorial jurisdiction of the Delhi High Court.

Transfer between High Courts:
The Court emphasized that the transfer of proceedings between two separate High Courts is governed by Section 25 of the Code of Civil Procedure (CPC), and such powers can be exercised only by the Supreme Court of India. Section 25 CPC provides that the Supreme Court, if it deems fit, can transfer any suit, appeal, or other proceedings from one High Court to another.

Limitations on Inter-High Court Transfers:
While the Tribunal Reforms Act, 2021, mandated the filing of revocation petitions in High Courts, it did not expressly address the issue of transferring such petitions between High Courts. Consequently, the High Court of Delhi could not entertain the request to transfer the revocation petitions to the High Court of Himachal Pradesh, as this power is vested exclusively in the Supreme Court under Section 25 CPC.

The Concluding Note:
In light of the Tribunal Reforms Act, 2021, and the abolition of IPAB, all revocation petitions under Section 64 of the Patents Act are now to be filed before High Courts. However, the Act does not provide a mechanism for transferring such petitions between different High Courts. The power of transfer between High Courts lies solely with the Supreme Court under Section 25 CPC. Therefore, in the absence of a specific provision allowing for inter-High Court transfers, the request to transfer the revocation petitions from the High Court of Delhi to the High Court of Himachal Pradesh was rightfully dismissed.

The Case Law Discussed:
Case Title: Eris Life Sciences Limited Vs Controller of Patent
Date of Judgement/Order:20.07.2023
Case No. C.O.(COMM.IPD-PAT) 3/2022
Neutral Citation: 2023:DHC:5201
Name of Hon'ble Court: High Court of Delhi
Name of Hon'ble Judge: Prathiba M Singh, HJ

Disclaimer:
Information contained herein is being shared in the public Interest. The same should not be treated as substitute for legal advice as it is subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the facts and law involved herein.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor - Patent and Trademark Attorney
Email: [email protected], Ph no: 9990389539