Patent Opposition


  • The opposition is the mechanism most commonly used to allow any party/interested party to challenge the validity of a patent application/patent before the controller of Patents.
  • validity of a patent application and/or a granted patent can be challenged and thus such exclusive right is not eternal. Patent Opposition

Opposition proceedings?

  • structured to restrain wrongful obtaining of patents and claiming of the frivolous or petty inventions.
  • aims at improving the quality of patents by providing third parties an opportunity to oppose the grant of a patent within a certain period of time.  Patent Opposition

Pre-grant opposition?

  • Under the provisions of Indian Patents Act, 1970, any third party or Government may challenge the application of grant of patent and inform to the controller of Patents for opposition by writing against the application for which a patent has been published, but before the grant of a patent;
  • Pre-grant opposition acts as a defensive shield to confirm the validity of the patent applications before patents are granted to them.  Patent Opposition
  • Furthermore, it proceeds as a business approach, where opponents take it as a golden opportunity for opposing the unlawful protective rights.

Post -grant opposition?

  • Under the provisions of Indian Patents Act, 1970, post-grant opposition may be filed at any time after the grant of patent but before the expiry period of one year from the date of publication of grant.
  • Under this provision any person interested may give notice of opposition to the Controller in the prescribed manner.

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