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1. Patent Opposition in
India
Tech Corp Legal an Indian Patent & Trademark Law firm in Gurgaon,
New Delhi

2. Patent Opposition
Patent Opposition in India - Summary
-India allows two kinds of Patent oppositions- Pre grant and post grant.
-Pre- grant: any person can represent.
- Ground for both pre- grant and post grant are the same.
-Pre- Grant: Can be filed with 6 months of publication.
- Post- Grant: Can be filed within 12 months of publication.

3. Patent Opposition
Patent Opposition in India - History
-The signing of TRIPS agreement revolutionized the Patent system.
-The change in the system was brought in 2005.
-Wherein Section 25 of the Patent act was amended in accordance to the TRIPS
agreement.
-Introduced the system of both pre-grant and post grant.
-Under Section 25, anyone can oppose.

4. Patent Opposition - Pre grant
- It is granted when the application has been published but
has not been granted.
- Anyone can file for pre-grant opposition.
- The pre-grant opposition procedure acts as a protective
shield to check the validity of patent applications before a
patent is granted on them.
- Pre-grant opposition is done as a business strategy,
whereby competitors exploit it as an opportunity for
opposing unjustified protective rights.

5. Patent Opposition - Post Grant
- Any interested person can file post-grant opposition, according to
the definition of interested person under section 2 of the Act.
- Has to be filed within twelve months from the date of publication of
the grant of patent in the official journal of the patent office.
- ‘Interested person’, as defined under Section 2 of the Act have to
give notice of opposition to the Controller in the prescribed manner,
stating the interest in his manner.

6. Patent Opposition - Post Grant
- Can also be filed under the grounds mentioned in the Section 25 (2)
of the Act, can be filed on variety of grounds.
- This type of opposition is similar to the opposition proceedings
under the European Patent Office (EPO).

7. Patent Opposition - Procedure
-The ground for Patent opposition in pre and post opposition is similar.
-However the procedure for Pre and Post grant opposition have
distinct differences between them.
-Pre-grant opposition can be done by any person, however Post grant
opposition can only be done by ‘interested person’.
-A notice has to be filed with the Controller in the case of Post-grant
opposition.
-Once the notice is filed, Opposition Board is formed and then the
examination of the case is done.

8. Patent Opposition - Forms
-Rule 55 of the Patents Rules, 2003 states that for pre-grant opposition the
opponent must file the opposition in Form 7(A) at the appropriate office.
-It must also include a statement and evidence (if any) in support of the
opposition. The opposition representation must also include a request for a
hearing if the opponent so desires.
-According to Rule 55A of the Patents Rules, the notice for post-grant
opposition must be sent to the Controller in duplicate in Form 7
-An evidence can be filed by the opposition to which the patentee can reply
within 3 months. It can be filed as affidavit under Rule 126.
-The case shall be heard by the control board.

9. Patent Opposition - Important Cases in India
-Novartis AG vs. Natco Pharma Ltd: The title compound was already known in a US patent (filed in 1993).The
US patent claimed a pharmaceutically acceptable salt of the base compound.
-Hindustan Lever Ltd. Vs. Godrej Soaps: The applicant has failed to disclose to the Controller the information
required by section 8 /
-Neon Laboratories Pvt.Ltd. vs 4) Assistant Controller Of ... on 26 November, 2010: Patents Act to categorically
hold that when a pre-grant opponent requests for a hearing, it is mandatory on the part of the Controller to
grant the pre-grant opponent such a hearing.
-The rediff and Yahoo case: The Controller accepted the representation and refused to grant patent by
holding that the invention of the applicant does not pass the novelty and patentability test.
-Sugen v Cipla: Sugen was granted a patent on a drug, Cipla contested the opposition on various grounds.

10. Contact US
Tech Corp Legal
Corporate Office Address:
Level 18, One Horizon Centre,
Golf Course Road, DLF Phase 5,
Sector 43, Gurgaon – 122002,
Haryana, INDIA
Email: info@techcorplegal
(dot) com