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Pre-grant opposition

Any interested person by way of representation can file a pre-grant opposition in the Indian patent office within six months from the date of publication of the patent application or in case the six months duration is not available then the representation can be filed till the grant of the patent whichever expires later.

Grounds of opposition
Opposition can be filed on the grounds of non compliance of patentability requirements such as novelty, obviousness and industrial applicability, nondisclosure or wrongful mentioning of genetic resources or traditional knowledge and wrongful obtaining of the invention.

Proceedings of opposition
  • Representation of opposition will be considered only after the filing of an examination by the applicant or any party.
  • The controller will issue a notice to the patentee only if the controller is of opinion that the application is to be refused or amended.
  • On receiving the notice of opposition the patentee is to file a statement and evidence within three months from the date of notification.
  • The controller may offer a hearing on request by the patentee as well as by the opponent.
  • The controller has to dispose off the case within one month by rejecting the opposition and granting the patent or by accepting the opposition and rejecting the application or amending the application and granting the patent.

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