Where IP Appeals Go After the IPAB: 5 Statutory Routes and Case Codes
The Intellectual Property Appellate Board is gone. Here is where each kind of IP appeal goes now, the section that gives the right, and the case code to look for on the High Court system. Last verified October 2026.
Explainer · IP Appeals
You have an order from the Registrar of Trade Marks, the Controller of Patents, or another IP office, and you want to appeal. For years the answer was simple: go to the IPAB. That board no longer exists, and old guides, old forms and old habits still point to it. This explainer gives the current answer for each of the five IP statutes. It names the section that gives the right of appeal, the forum, and the case code to search for. Last verified October 2026.
- What changed: the IPAB was abolished by an Ordinance on 4 April 2021, later replaced by the Tribunals Reforms Act, 2021.
- Where appeals go: the High Court, under s.91 (trade marks), s.72 (copyright), s.117A (patents), s.31 (GI) and s.56 (PPV&FR).
- Delhi case codes: C.A.(COMM.IPD-TM) for trade mark appeals and C.A.(COMM.IPD-PAT) for patent appeals.
- Do not assume: time limits differ by statute, so read the section.
- Last verified: October 2026.
01What changed on 4 April 2021
On 4 April 2021 the Government promulgated the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021. It abolished the Intellectual Property Appellate Board (IPAB). The Tribunals Reforms Act, 2021 later replaced the Ordinance. The IPAB had heard appeals under the Trade Marks Act, the Patents Act, the Geographical Indications Act and the Protection of Plant Varieties and Farmers’ Rights Act, and in some matters the Copyright Act.
The law did not remove the right to appeal. It moved the forum. Appeals now go to the High Court, and matters that were pending before the IPAB were transferred to the High Courts. The Delhi High Court set up a dedicated Intellectual Property Division (IPD) by an office order dated 7 July 2021, and it uses its own case-type codes for these matters.
Two dates, not one
The abolition took effect through the Ordinance of 4 April 2021. The Act came later and gave it statutory form. When a guide says "after 4 April 2021", it means this Ordinance date.
02The 5 statutory routes
This is the one table to keep. Each IP statute now sends the appeal to the High Court through its own section.
| IP area | Statute and section | Appeal from | Appeal goes to |
|---|---|---|---|
| Trade marks | Trade Marks Act, 1999, s.91 | Orders of the Registrar of Trade Marks | High Court (IPD in Delhi) |
| Copyright | Copyright Act, 1957, s.72 | Orders of the Registrar of Copyrights | High Court |
| Patents | Patents Act, 1970, s.117A | Orders of the Controller of Patents | High Court (IPD in Delhi) |
| Geographical indications | GI of Goods Act, 1999, s.31 | Orders of the Registrar of GIs | High Court |
| Plant varieties | PPV&FR Act, 2001, s.56 | Orders of the Registrar or Authority | High Court |
Designs were never part of the IPAB story in the same way. Appeals from the Controller under the Designs Act already went to the High Court. If your matter is a design, check the Designs Act appeal provision directly.
03Route by route
Trade marks: section 91
Appeals against Registrar orders, such as refusal, opposition decisions, and rectification, are filed in the High Court under s.91 of the Trade Marks Act. Rectification and cancellation matters that used to start before the IPAB now go to the High Court as well.
Copyright: section 72
Section 72 of the Copyright Act covers appeals from the Registrar of Copyrights. The High Court is now the appellate forum. Copyright registration itself sits with a separate office, the Copyright Office, which publishes its own notices.
Patents: section 117A
Section 117A of the Patents Act lists the orders that can be appealed, such as decisions on grant, pre-grant and post-grant opposition, revocation and restoration. These appeals now go to the High Court. We cover the section in depth in our guide to section 117A patent appeals. Appeals against refusals on the ground of section 3(k) have their own page: section 3(k) appeals after the IPAB.
Geographical indications: section 31
Section 31 of the GI Act gives the right to appeal against decisions of the Registrar of Geographical Indications. These matters are rare, so the case count in each High Court is small.
Plant varieties: section 56
Section 56 of the PPV&FR Act covers appeals against orders of the Registrar and the Authority. The forum is now the High Court. Volume is low, so check the court’s own listing instead of relying on a general search.
04Case codes at the Delhi High Court IPD
The Delhi High Court IPD files these matters under its own case types. Two are confirmed in recent judgments: C.A.(COMM.IPD-TM) for trade mark appeals under s.91, and C.A.(COMM.IPD-PAT) for patent appeals. Original rectification and cancellation matters carry a C.O. prefix, for example C.O.(COMM.IPD-TM) and C.O.(COMM.IPD-PAT).
Codes for copyright, GI and plant variety appeals follow the same pattern, but we have not confirmed the exact letters against the IPD Rules. Check the Delhi High Court Intellectual Property Rights Division Rules, 2022 before you search or file.
| Matter | Typical code pattern | Status |
|---|---|---|
| Trade mark appeal (s.91) | C.A.(COMM.IPD-TM) | Seen in Delhi HC records |
| Patent appeal (s.117A) | C.A.(COMM.IPD-PAT) | Seen in Delhi HC records |
| TM rectification / cancellation | C.O.(COMM.IPD-TM) | Seen in Delhi HC records |
| Copyright, GI, PPV&FR appeals | Same pattern, check IPD Rules | Not confirmed here |
Other High Courts do not all use the same naming. Madras, Calcutta, Bombay and Delhi each handle IP matters in their own way, so search by court, number and party name as well as by code.
05Common mistakes after the IPAB
- Filing in the wrong forum. Old forms and templates still name the IPAB. They are out of date.
- Missing the time limit. Each statute has its own appeal period. Do not assume one limit fits all five. Read the section.
- Searching only by old IPAB numbers. Transferred matters were renumbered in the High Court. Search by party name and the new number.
- Mixing writs and appeals. A statutory appeal under these sections is different from a writ against an order. Courts have dealt with this in several cases, so check the latest ruling in your High Court.
- Assuming Delhi rules apply everywhere. The IPD is Delhi-specific. Your High Court may list the same appeal before a Commercial Court bench.
The right to appeal did not go away with the IPAB. Only the address changed.
06Tracking an IP appeal once it is filed
An IP appeal has two layers. The first is the registry record at IP India (the application, the opposition, the order you are challenging). The second is the High Court record (the appeal number, hearing dates, orders and cause lists). Official sources for each are free: IP India for the registry, and the High Court websites for the court side. You can also read the statutes themselves on India Code.
The pain is in joining the two. A trade mark order and its appeal are often under different names, numbers and portals. For a firm with many marks or patents, a missed hearing date or a missed time limit is the real cost.
For tool options, see alternatives to Niyam.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
The hard part of an IP appeal is joining the registry order to the High Court record. Claw tracks cases, orders and hearings across 9,102 courts, benches and forums, with 30 crore+ judgments and results under 5 seconds, so you can find a transferred appeal by party name and its new High Court number, and read how the court has decided similar appeals. Coverage runs from 1950 for the Supreme Court and from 1990 for the High Courts, and Claw does not use customer documents to train AI models.
Create a FREE Claw account to track IP appeals by party name across the High Courts. To search the wider body of law, see case search across Indian courts.
08Sources and further reading
Check every section and code against the primary source before you file:
- IP India (registry, forms, notices): ipindia.gov.in
- India Code (statute text, including the Tribunals Reforms Act, 2021): indiacode.nic.in
- Delhi High Court (IPD rules, orders, judgments): delhihighcourt.nic.in
- Copyright Office: copyright.gov.in
- Claw: clawlaw.in
This page is general information, not legal advice. Last verified October 2026. Time limits, case codes and court practice change, so confirm them with the court before you file.
09Frequently asked questions
Where do IP appeals go after the IPAB was abolished?
To the High Court. Trade mark appeals go under s.91 of the Trade Marks Act, copyright under s.72, patents under s.117A, geographical indications under s.31 and plant varieties under s.56 of the PPV&FR Act. Delhi has a dedicated IP Division for these matters.
When was the IPAB abolished?
By the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, promulgated on 4 April 2021. The Tribunals Reforms Act, 2021 later replaced the Ordinance. Pending matters were transferred to the High Courts.
What is the Delhi High Court case code for a trade mark appeal?
Trade mark appeals under s.91 are filed as C.A.(COMM.IPD-TM). Patent appeals use C.A.(COMM.IPD-PAT). Check the IPD Rules, 2022 for other types.
What happened to cases that were pending before the IPAB?
They were transferred to the High Courts under the Tribunals Reforms framework. They carry new High Court numbers, so search by party name as well as by the old number.
Do design appeals go to the IPAB route too?
No. Design appeals from the Controller were already before the High Court. Check the Designs Act appeal provision for your case.
Can Claw track both the registry and the appeal?
For trade marks, patents, designs and GIs, yes. Claw tracks IP India registry matters and the High Court side in one platform. For copyright it is court-side only, as it does not yet track the Copyright Office registry. Specialist docketing and prior-art tools go deeper in their own niches.