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SUPREME COURT
*S. H. Kapadia, B. Sudershan Reddy, JJ.
J. Mitra & Co. (P) Ltd. – Appellant
Versus
Span Diagnostics Limited – Respondent
| Table of Content |
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| 1. commencement of amendments creates legal uncertainties. (Para 1 , 2 , 3) |
| 2. significant changes in opposition mechanisms post-amendments. (Para 6 , 10 , 12 , 15) |
| 3. dichotomy between 'pre grant' and 'post grant' opposition established. (Para 22 , 23 , 28) |
| 4. prior appeals are validated despite legislative changes. (Para 30 , 31 , 32) |
1Leave granted.
2. For the sake of convenience we refer to the facts mentioned in Civil Appeal No. 5184 of 2008 [arising out of SLP (C) No. 15729 of 2008] filed by J. Mitra & Co. (P) Ltd.
3. This matter is a classic illustration of the confusion which has emerged on account of the postponement of in part commencement of the Patents (Amendment) Act, 2005 .
4. Quite often the commencement of an Act is postponed to some specified future date or to such date as the appropriate Government may, by notification in the Official Gazette, appoint. Provision is also at times made for appointment of different dates for coming into force of different parts of the same Act. This is what has exactly happened in this case resulting in utter confusion with regard to pending FAO No. 293 of 2006 filed by Respondent 3 in the High Court under S.116 of the Pate
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