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Post-grant opposition

Any interested person who are engaged in or promoting research in the field of technology can file a post grant opposition within a period twelve months after the grant of a patent.

Grounds of opposition:
  1. wrongful obtaining 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 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 or wrongful disclosure of the biological source
  9. Invention is anticipated by traditional knowledge

Opposition proceeding :
  • On receiving the notice of opposition, the Controller will inform the patentee and a copy of the opposition is to be sent to the patentee.
  • The Controller has to form a opposition board consisting of three members, one of them will be chairman. The examiner who has dealt with the patent application during the prosecution for grant is not eligible to become a board member.
  • The opposition board to conduct examination and submit recommendation with reasons on each ground of opposition during three months.
  • On receiving the recommendation, the Controller fix for a date of hearing and at least ten days are given to the parties
  • After hearing the parties and analyzing the recommendation of the board the controller decide the matter and inform the parties about his decision giving reasons thereof.
  • Controller can order to either maintain or amend or revoke the patent
  • Written statement and evidence to be filed along the notice of opposition
  • Reply statement and evidence to be filed within two months by the patentee.
  • Reply evidence to be filed within one month by the opponent
  • No further evidence is allowed except with the leave or order by the controller.

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