Patent Opposition Cost in India @INR2400/-*

Patent Opposition Cost in India [source: https://ssrana.in/articles/india-introduced-innovative-updates-patent-rules/ ]

The patent opposition cost for pre grant and post grant opposition in India is as under:

Stages Patent Opposition in India

The Indian Patent Office provides for a period during which third parties may oppose the grant of patent. Opposition proceedings may be pre-grant or post-grant and may be initiated within specified time limits. The specified time limit as per the Patent Amendment Rule, 2024 are as follows:

Pre-grant Opposition– Under Section 25(1) of the Patent Act, 1970, where an application for a patent has been published but a patent has not been granted, any person may, in writing, file a representation of opposition to the Controller against the grant of patent.  The pre-grant Opposition is only considered on the establishment of a prima facie case made out in the representation filed by the opposing party. If the Controller is satisfied that a prima facie case has been made out in the representation, he passes an order within 1 month of receiving the representation and notify the applicant. However, in case the Controller finds the representation lacking, the opponent is provided with an opportunity to be heard, where the Controller is required to pass a speaking order within one month from the date of hearing, if requested by the opponent. If the prima facie case is established after hearing the opponent and the Controller accepts the representation, the applicant is notified accordingly. The time frame for filing a reply statement by the applicant against the representation of Pre-Grant Opposition is two months from the date of receiving notice from the Controller. After completion of submissions from both the parties, the Controller gives an opportunity of hearing to both the parties. After hearing the parties, if so requested, the Controller passes the order under section 25(1).

Post-grant Opposition– Under Section 25(2) of the Patent Act, 1970, any person interested may give notice of opposition to the Controller 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. The official fee* for filing representation of post-grant opposition has been increased on March 15, 2024 from INR 2400 to INR 8,000 for Natural Person/Startup/Small Entity/Educational Institute while for others it has been increased from INR 12,000 to INR 40,000. On receipt of the opposition, the Controller constitutes an Opposition Board consisting of three members, one member being the Chairman of the Board. The timeframe allotted for the Examination Board to review and submit its report on post-grant opposition is 2 months from the date on which the documents were forwarded to the board. The time frame for filing a reply statement by the applicant against the representation of Post-Grant Opposition is two months from the date of receipt of the opposition document. The opponent may file reply evidence strictly confined to the matters in the patentee’s reply statement within 1 month from date of receipt of the patentee’s reply statement.  After completion of submissions from both the parties, the Controller gives an opportunity of hearing to both the parties. After hearing the parties, the Controller passes the order under section 25(2).

Official fee for filing patent opposition in India can be accessed here.

• Filing Patent Opposition in India?
• Post grant patent opposition in India
• Pre grant patent opposition in India?
• Patent Flow Chart

For more information on Patent opposition cost and Patent opposition procedure in India, please write to us at info@ssrana.com .