O R D E R

S.M.SUBRAMANIAM,J.

1. The Original Side Appeal(CAD)SR.No72443 of 2025 has been

instituted challenging the appeal order passed by the learned Single

Judge of the High Court of Madras in CMA(PT) No.45 of 2023 dated

20.12.2025 under Section 117A of the Patents Act,1970. C.M.A. was

filed against the order dated 20.12.2024 of the Deputy Controller of

Patents & Designs passed under section 15 of 1970, rejecting the grant

of patent in the matter of Patent Application No.10810/CHENP/2012.

2. Registry, High Court raised an objection regarding the

maintainability of the Original Side Appeal on the ground that “It may be

stated how the OSA is maintainable under clause 15 of Letters Patent

against the judgment passed in CMA(PT).”

3. In reply to the maintainability note, the learned counsel for the

appellant would mainly contend that the order of the learned Single

Judge in the Civil Miscellaneous Appeal is to be construed as an Order

in-original. Therefore, the intra-Court appeal would lie under Clause 15 of

Letters Patent. He would further contend that the learned Single Judge

decided the correctness of the order passed by the Deputy Controller of

Patents & Designs under Patent Act. Therefore, an intr