Sections 117A and 117E explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 117A says which orders of the Controller can be appealed to the High Court, how the appeal must be made and the time for it: three months from the date of the decision, order or direction, or such further time as the High Court may allow under its rules. Section 117E gives the Controller the right to appear and be heard in certain High Court proceedings. If you have received an order from the Controller that you want to challenge, our legal dispute resolution team can help you check whether it can be appealed and prepare the appeal.
Chapter XIX is now headed "Appeals". The Appellate Board provisions (ss.116, 117, 117B, 117C, 117D, 117F, 117G, 117H) were omitted by the Tribunals Reforms Act, 2021 with effect from 4 April 2021. s.117A: an appeal lies to the High Court only from the orders listed in sub-section (2); the appeal is in the prescribed form, verified as prescribed, with a copy of the order and prescribed fees; it must be made within three months of the decision. s.117E: the Controller may appear and be heard in specified High Court proceedings and may file a signed statement instead.
What happened to the Appellate Board
The Chapter was substituted by the Patents (Amendment) Act, 2002 with effect from 20 May 2003, and its heading was changed from "Appeals to the Appellate Board" to "Appeals" by the Tribunals Reforms Act, 2021 (33 of 2021), section 13, with effect from 4 April 2021. The same section omitted sections 116 (Appellate Board), 117 (staff), 117B (procedure and powers), 117C (bar of jurisdiction of courts), 117D (procedure for rectification), 117F (costs of the Controller), 117G (transfer of pending proceedings) and 117H (power to make rules), with effect from 4 April 2021. Those sections no longer form part of the Act, and this article does not describe them. The printed text gives the Act number in these omission lines as "33 of 201"; the correct year, as in the heading note, is 2021, so treat the missing digit as a printing slip.
Section 117A: appeals to the High Court
Sub-section (1): the general bar
"Save as otherwise expressly provided in sub-section (2), no appeal shall lie from any decision, order or direction made or issued under this Act by the Central Government, or from any act or order of the Controller for the purpose of giving effect to any such decision, order or direction."
So the rule is that no appeal lies, except where sub-section (2) provides one. A decision of the Central Government under the Act is not appealable under this section, and neither is a Controller's act of giving effect to it.
Sub-section (2): the list of appealable orders
"An appeal shall lie to the High Court from any decision, order or direction of the Controller of Central Government under" the following provisions (the words "Controller of Central Government" are as printed; the sense is the Controller or the Central Government):
| Provision | Subject |
|---|---|
| Sections 15, 16, 17, 18, 19 | Refusal or amendment of applications, division, dating, anticipation, and potential infringement |
| Section 20 | Substitution of applicants and similar matters |
| Section 25(4) | Opposition after grant, decision of the Controller |
| Section 28 | Mention of the inventor |
| Sections 51, 54 | Directions to co-owners (s.51); patents of addition (s.54) |
| Section 57 | Amendment of the application and specification |
| Sections 60, 61, 63 | Restoration of lapsed patents (two sections) and surrender |
| Sections 66, 69(3) | Revocation in public interest; registration of assignments (sub-section (3)) |
| Section 78 | Correction of clerical errors |
| Section 84(1) to (5) | Compulsory licences |
| Sections 85, 88, 91, 92, 94 | Revocation for non-working; powers on compulsory licence applications; related patents; compulsory licence on notification; termination |
The subject labels in the second column are short descriptions by this article; the Act gives only the section numbers. Read the section itself to see exactly which decision is covered. Section 20 is joined with sections 25(4) and 28 in the printed text through a 2005 substitution, which replaced "section 20, section 25, section 27, section 28" with the current words, effective 2 April 2007. Section 27 no longer appears, and section 25 is now limited to sub-section (4).
Anything not on this list, such as an order under a section not named, has no appeal under 117A. The text does not say what other remedy exists for those; it is silent.
Sub-section (3): form of appeal
"Every appeal under this section shall be in the prescribed form and shall be verified in such manner as may be prescribed and shall be accompanied by a copy of the decision, order or direction appealed against and by such fees as may be prescribed." The Patents Rules, 2003 and the High Court's rules fix the form, verification and fees; none is named in the Act.
Sub-section (4): time
"Every appeal shall be made within three months from the date of the decision, order or direction, as the case may be, of the Controller or the Central Government or within such further time as the High Court may, in accordance with the rules made by it, allow."
The period of three months runs from the date of the decision, order or direction, not from the date it is received. The High Court may allow further time under its own rules; the Act does not say how long or on what ground.
Section 117E: appearance of the Controller
Sub-section (1). The Controller has the right to appear and be heard:
- (a) in any legal proceedings before the 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 High Court from an order of the Controller on an application for grant of a patent which (i) is not opposed and the application is either refused or accepted subject to amendments, modifications, conditions or limitations, or (ii) has been opposed and the Controller considers that his appearance is necessary in the public interest.
"The Controller shall appear in any case if so directed by the High Court."
Sub-section (2). Unless the High Court otherwise directs, the Controller may, in lieu of appearing, submit a signed written statement giving particulars of the proceedings before him, the grounds of any decision, the practice of the patent office in like cases, or other relevant matters within his knowledge. "Such statement shall be evidence in the proceeding."
Illustration (invented)
Kavya Robotics Pvt. Ltd. has an application for a patent on a robotic gripper refused by the Controller under section 15 on 10 March. It wishes to appeal. Section 15 is in the list in section 117A(2), so an appeal lies to the High Court. The appeal must be in the prescribed form, verified as prescribed, with a copy of the order and the prescribed fees, and made within three months of 10 March, or within such further time as the High Court allows under its rules. The application was not opposed, so under section 117E(1)(b)(i) the Controller has the right to appear and be heard, or may file a signed statement of the grounds of the decision, which becomes evidence.
In a second case, a person wants to challenge a direction of the Central Government under the Act. Section 117A(1) bars an appeal from such a direction unless sub-section (2) provides otherwise. Take advice before assuming a remedy.
What the section does not say
- It does not say which Bench or which High Court hears the appeal; the text says only "the High Court".
- It does not give the form or fee.
- It does not give the grounds on which an appeal may be allowed.
- It does not provide for an appeal from the High Court; general law applies.
Need help appealing a Controller's order?
The three-month period is short and the list of appealable orders is closed. Our legal dispute resolution team can read the order, confirm whether it falls within section 117A(2) and prepare the appeal in the prescribed form.
Key takeaways
- The Appellate Board provisions were omitted with effect from 4 April 2021; appeals now lie to the High Court.
- Section 117A(1) bars appeals except as sub-section (2) provides.
- The list in section 117A(2) is closed: sections 15 to 20, 25(4), 28, 51, 54, 57, 60, 61, 63, 66, 69(3), 78, 84(1) to (5), 85, 88, 91, 92 and 94.
- The appeal must be made within three months of the decision, or within further time allowed by the High Court under its rules.
- Section 117E lets the Controller appear, or file a signed statement that is evidence in the proceeding.
Read next
- Sections 113 to 115: certificate of validity, partial validity and scientific advisers
- Sections 118 and 119: contravention of secrecy provisions and falsification of the register
- Section 15: power of the Controller to refuse or require amended applications
- Patent examination process: request, FER, hearing
Disclaimer: Based on the Patents Act, 1970 as amended up to the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and time limits under the Patents Rules, 2003 change from time to time and are not covered here. This article is general information, not legal advice; check the official text before acting.