Person Interested Under Indian Patent Law

Abstract

According to Section 2(t) of the Indian Patent Act, person interested includes a person engaged in, or in promoting, research in the same field as that to which the invention relates. The definition of person interested is inclusive and thus it was observed in Lord Watson in Dilworth v. Commissioner of Stamps that the word include is very generally used in interpretation clauses in order to enlarge the meaning of words or phrases occurring in the body of the statute; and when it is so used these words or phrases must be construed as comprehending, not only such things as they signify according to their natural import, but also those things which the interpretation clause declares that they shall include. According to the judgment, the word include is susceptible of another construction, which may become imperative, if the context of the Act is sufficient to show that it was not merely employed for the purpose of adding to the natural significance of the words or expressions defined. It may be equivalent to mean and include, and in that case it may afford an exhaustive explanation of the meaning which, must invariably be attached to these words or expressions.Person interested has to play wider role under Indian Patent law during post grant opposition and revocation of a patent application where it says that at any time after the grant of patent but before the expiry of a period of one year from the date of publication of grant of a patent, any person interested may give notice of opposition to the Controller in the prescribed manner on prescribed grounds. Similarly a patent granted may, be revoked on a petition of any person interested by the Appellate Board or on a counter-claim in a suit for infringement of the patent by the High Court on any of the prescribed grounds under Section 64(1).