PATENT OPPOSITION FILING IN INDIA
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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