Patent Opposition Cost in India
The official fees for filing of post grant opposition by natural person or start-up* is INR 2400/-, INR 6000/- for small entity# either alone or with natural person or with start-up and INR 12000/- for others, alone or with natural person or with start-up or with small entity.
The patent opposition cost for pre grant and post grant opposition in India is as under:
|S.no.||On what Payable||Official government fee for e-filing(INR)|
|Natural person(s) and/ or Startup*||Small entity#, alone or with natural person(s) and/ or Startup||Others, alone or with natural person(s) and/ or Startup and/ or small entity|
|1||Filing representation opposing grant of patent (Pre-grant opposition)||No fee||No fee||No fee|
|2||Filing notice of opposition against grant of patent (Post-grant opposition)||2400||6000||12000|
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.
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, represent by way of opposition to the Controller against the grant of patent. The “First Schedule” appended to the Patent Amendment Rules, 2019 provides that there is no fee for filing a pre-grant opposition in India.
Post-grant Opposition- Under Section 25(2) of the Patent Act, 1970, any person interested may give notice of opposition to the Controller in the prescribed manner 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.
Official fee for filing patent opposition in India can be accessed here.
*The Official fees for filing patent opposition in India depends on the type of opponent/applicant. Professional fees not included.
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