DHAVAL DIYORA Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Respondents waive service. Taken up for hearing by consent of the parties.

(2.) The Intellectual Property Appellate Board allowed the appeal filed by Respondent No.4-Pfizer Products Inc and set aside the order passed by the Controller of Patent and Designs refusing to grant the patent as applied for to Respondent No.4. The Appellate Board directed the Controller to issue patent to Respondent No.4-Pfizer. The Petitioner has filed this petition making a grievance that the order was passed without giving an opportunity to the Petitioner of being heard regarding his pre-grant opposition.

(3.) A brief overview of the statutory scheme governing the pre- grant opposition under the patent law would place the facts of the case and the arguments in a better context.