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Patent Opposition in India

Any person can file an Indian Patent opposition for grant of patent after the application has been published as per the prescribed procedure under Indian patent law.

  1. Pre-grant Opposition: Any person can file an opposition for grant of patent after the application has been published. Opposition may be filed on any of the following grounds:
    1. Non compliance of patentability requirements.
    2. Nondisclosure disclosure of genetic resources or traditional knowledge.
  2. Post-grant Opposition: Any person can file an opposition within a period twelve months after the grant of a patent. It can be filed based on the following grounds:
    1. Wrongful obtainment of the invention by the inventor
    2. Publication of the claimed invention before the priority date.
    3. Sale or Import of the invention before the priority date.
    4. Public use or display of the invention.
    5. The invention doesn't satisfy the patentability require doesn't satisfy the requirements.
    6. Disclosure of false information to patent office.
    7. Application for the invention is not filed within twelve months from the date of convention application.
    8. Nondisclosure disclosure of the biological source.
    9. Invention is anticipated by traditional knowledge.
  3. Process of Opposition: On receiving a notice of opposition, the controller notifies the patentee. He then constitutes an Opposition board to deal with the opposition. The Opposition board decides the issues later than giving reasonable opportunity of hearing to both the parties. The Opposition board might invalidate the patent, need amendments or maintain the status quo. If amendments are required, they have to be made within the prescribed period in order to maintain the patent.
  4. GRANT: If the application satisfies all the needs of the patent act, the application is said to be in order for grant. A patent application in order for grant shall be granted expeditiously. A granted patent shall be published in the official gazette and shall be open for public inspection. Every granted patent shall be given the filing date. The patent will be valid throughout India. A granted patent gives the patent holder the exclusive right to make, use, sell, offer for sale and import the product or use the process. However, the government can make use of the patent for its own purposes or for distributing an invention relating to medicine to hospitals and dispensaries. Furthermore, any person can make use of the patent for experiment or education.

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