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CS Professional · Intellectual Property Rights - Law and Practice · Indian Patent Law and its Developments

Kaveri Textiles Ltd had filed a suit for infringement of a patent in a court before the Patents Act, 1970 came into force. The suit was still pending on the date the Act commenced. Under Section 162, what is the position of that suit?

The pending infringement suit may be continued and disposed of as if the 1970 Act had not been passed. Section 162(5) saves suits and revocation proceedings pending in court at commencement, so the repeal of the earlier Act does not cause them to abate.

  1. AIt abates automatically because the earlier Act stands repealed
  2. BIt may be continued and disposed of as if the 1970 Act had not been passedCorrect
  3. CIt must be transferred to the Controller for fresh adjudication under the new Act
  4. DIt can continue only if the plaintiff re-files it within the period prescribed under the new Act

Explanation

Section 162(5) says any pending suit for infringement, or proceeding for revocation, at commencement may be continued and disposed of as if the Act had not been passed. Abatement or transfer finds no support in the text. The key distractor on abatement ignores this saving.

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