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

Rohan Pharma had a revocation proceeding pending in a High Court on the date the Patents Act, 1970 commenced. Which statement correctly applies Section 162?

A pending revocation proceeding in a court may be continued and disposed of as if the 1970 Act had not been passed. Section 162(5) expressly protects revocation proceedings along with infringement suits pending at commencement, and imposes no consent condition.

  1. AOnly infringement suits are saved; revocation proceedings lapse
  2. BRevocation proceedings pending in any court may be continued and disposed of as if the Act had not been passedCorrect
  3. CRevocation proceedings must be decided strictly under the 1970 Act's provisions
  4. DRevocation proceedings are saved only if the patent holder consents

Explanation

Section 162(5) covers both a suit for infringement and a proceeding for revocation pending in any court at commencement. Both may continue as if the 1970 Act had not been passed. No consent requirement appears in the text.

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