What is a pre-grant opposition?

Pre-grant opposition gives third parties the opportunity to oppose the grant of a patent just after publication of the patent application – a party need not wait until the grant itself. Post-grant opposition can be filed only after the grant of a patent, but within one year of the date of grant.

Which form is used for pre-grant opposition?

Form 7A
It can be filed by any person i.e. any third party can file pre-grant opposition before the Controller. Pre-grant opposition is filed on Form 7A, as per First Schedule and no fee is applicable on filing the pre-grant opposition.

What are the grounds for opposing grant of patent?

The grounds of opposition were: Prior publication. Prior public use and prior public knowledge. Obviousness and lack of inventive step.

What is a pre-Grant?

The Origin of Pre-grant Publication Laws Pre-grant publication is a rather recent practice in the annals of world patent law, originally intended to alleviate the potential public harm of the then newly introduced practice of deferring examination up to 7 years.

How does the pre grant opposition procedure work?

The pre-grant opposition procedure acts as a safety net to capture questionable patent applications before a patent is granted to them. Pre-grant opposition can be made on the grounds listed under section 25 (1) (a) to (k) of the Patent Amendment Act, 2005:

What are the drawbacks of Indian pre grant opposition?

The most drawback of Indian pre-grant opposition is that competitors can file wrong notice of opposition and by delaying the grant of patent and subsequently shortening the lifetime of patent. It is a significant problem in pharmaceutical patents. 2.

When to file a post grant opposition to a patent?

Post Grant Opposition to any European patent granted by the European patent office (EPO) under the European Patent Convention (EPC) may be filed by any member of the public except for the proprietor himself. Such an opposition must be filed within 9 months of the publication of the mention that the patent ahs been granted.

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