PATENT OPPOSITION

Any person can file an opposition application before or after the patent has been granted. The application should be in writing and should address to the Controller of Patent. There are two types of opposition –

  • PRE-GRANT OPPOSITION- opposition filed after the patent application has been published but before the grant of patent.
  • POST-GRANT OPPOSITION- opposition filed within 1 year from the date of grant of patent.

However, the opposition can be done on any of the following grounds

  • Invention wrongfully obtained
  • Publication of the product or invention details before granting the patent or priority date, in India or on any International platform.
  • The claim or the product is known to the public or has been in use by the public before the priority date.
  • Invention does not satisfy the patent definition or description.
  • Insufficient product description.
  • Convention Application not filed within the prescribed time.
  • Wrongful mention of the source or geographical origin etc.

The opposition against the grant of patent shall be filed in the office under proper territorial jurisdiction, within a period of 3 months from the date of publication of such application or before the grant of such patent, whichever is later. However opposition can even be filed after the grant of patent but within 1 year from the date of grant of such patent.

While applying for such opposition, if the Controller does not find enough reason for such opposition, he shall refuse the opposition application after issuing a notice giving the opponent a chance of hearing along with the evidences. The opponent shall also send a letter along with the application to the Controller stating the nature and details for such opposition and its relief along with the evidences. Thus, it is an easy and fastest method of grievance redressed.