JUDGMENT :

Pradeep Nandrajog, J.

The question which I am called upon to answer, for the moment, in the instant appeals is :

Whether the appeals are maintainable and if yes, whether the same require to be transmitted to the Appellate Board established u/s 83 of the T.M. Act, 1999?

2. The question of law afore-noted has arisen due to the amendments incorporated in the Patents Act, 1970 by the Patents Amendment Act, 2002 notified on 25th June, 2002 but various provisions thereof brought into force firstly on 20.5.2003 and the remaining by and under a notification issued in the year 2007 as also the further amendment to the Patents Act, 1970 by the Patents Amendment Act, 2005, again bringing into effect the provisions of the said Amendment Act on 2 different dates.

3. As I would be referring to the date with effect wherefrom the provisions of the Amendment Act, 2002 and 2005 were brought into effect, I would be noting the amended provisions as in force with effect from the notified dates and their impact. Thereafter, I propose to consider the rival submissions.

4. At the outset it may be noted that the appeals were filed on 17.10.2006.

5. Proceedings commenced before the Controller of Patents