How to file patent oppositions in India?
The Indian Patent
Office also provides a period during which third parties may oppose the grant of
patent. Opposition proceedings may be pre-grant/post-grant and may be initiated
within specified time limits.
Pre Grant Opposition (Section 25(1)
and Rule 55 of the Patents Act, 1970)
Where an application for a patent has
been published but a patent has not been granted, any person may, in writing, represent,
by way of opposition to the Controller against the grant of patent.
The patent applicant may contest the opposition.
The Controller considers the statement and evidence submitted by the patent applicant
and thereafter decides whether to grant the patent as such or refuse to grant a
patent or require amendment to the complete specification to his satisfaction.
Post Grant opposition (Section
25(2) and rules 55 – 62)
At any time after the grant of patent
but before the expiry of period of one year from the date of publication of grant
of patent, any “person interested” may give notice of post grant opposition to the Controller.
If the patentee desires to contest the opposition, he shall leave a reply statement
(at the appropriate office) fully setting out the grounds upon which the opposition
is contested and evidence (if any) in support of his case.
The opponent may leave at an appropriate
office his evidence strictly confined to the patentee’s reply.
The Controller constitutes an Opposition
Board and the Board conducts the examination of the patent and submits their recommendation
to the Controller. The Controller then fixes a date of hearing and notifies both
the parties. After hearing the parties and upon consideration of the recommendations
submitted by the Opposition Board, the Controller decides upon the opposition and
notifies his decision to the parties giving reasons thereof.
The decision/order of the Controller in respect of the post grant opposition can be appealed before the Appellate board.
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