Answer By law4u team
Patent opposition in India is a legal process that allows interested parties to challenge the grant of a patent either before it is granted or after it has been granted, on specific grounds prescribed under the Patents Act, 1970. It is an important mechanism to ensure that patents are granted only for inventions that are truly novel, inventive, and industrially applicable, preventing unjust monopolies. Patent opposition in India is divided into pre-grant opposition and post-grant opposition. 1. Pre-Grant Opposition Definition: Pre-grant opposition is filed after a patent application has been published but before the patent is granted. Who Can File: Any person can file a pre-grant opposition, including individuals, companies, or organizations who have an interest in the matter. Time Frame: Opposition can be filed any time after the publication of the application and before the grant of the patent. Grounds for Pre-Grant Opposition: Some common grounds include: The invention is not novel or lacks inventive step. The invention is not capable of industrial application. The invention is already disclosed in any prior publication or patented elsewhere. The patent does not meet the requirements of patentability under the Patents Act. The applicant wrongfully obtained the patent or is not the true inventor. Procedure: File the opposition in the prescribed form with the Indian Patent Office. The patent applicant is given an opportunity to respond to the opposition. The Controller of Patents examines the claims and arguments from both sides. Based on the findings, the patent may be granted as is, modified, or refused. 2. Post-Grant Opposition Definition: Post-grant opposition is filed after a patent has been granted. Who Can File: Any interested person (other than the patentee) can file opposition. Time Frame: Must be filed within one year from the date of grant of the patent. Grounds for Post-Grant Opposition: Post-grant opposition is broader and may include: The invention is not novel or lacks inventive step. The invention is not patentable under Sections 3 or 4 of the Patents Act (for example, certain medical methods, plants, or scientific theories are excluded). The patentee wrongfully obtained the patent. Non-disclosure or false statement of information relevant to patentability. The invention was already in public domain or prior art before the patent application. Procedure: File a post-grant opposition in the prescribed form with the Controller of Patents. The patentee has an opportunity to respond and defend the patent. The Controller conducts hearings, examines evidence, and decides whether the patent should be maintained, amended, or revoked. Purpose and Importance of Patent Opposition Preventing Wrongful Patents: Ensures that patents are granted only for genuine inventions. Protecting Public Interest: Prevents monopolies on inventions that are obvious, already known, or not useful. Encouraging Innovation: Helps maintain a competitive and transparent environment for inventors. Cost and Time Effective: Avoids prolonged litigation by resolving disputes at the patent office level before or shortly after grant. Example Pre-Grant: Company A files a patent for a chemical compound. Company B knows a similar compound was disclosed in a scientific journal. Company B files a pre-grant opposition, and the Controller may reject or modify the patent claims based on the opposition. Post-Grant: A patent for a new medical device is granted to Company C. Within a year, another company files post-grant opposition claiming that the invention was already disclosed in prior research. The Controller investigates and may revoke or amend the patent. Key Points to Remember Pre-Grant Opposition: Filed before patent grant, by any person, to challenge patentability. Post-Grant Opposition: Filed within one year after grant, by an interested person, to challenge validity of the granted patent. Both processes are handled by the Controller of Patents in India, and decisions can be appealed to the Intellectual Property Appellate Board (IPAB) or relevant courts. Patent opposition is an important check-and-balance mechanism to maintain fairness, transparency, and innovation integrity in India.
