Patent opposition is a part of objection made by any individual against the granting of any patent right to the proposed patent application. It protects the patent from being getting copied or in case of any duplicacy in terms of patent registration in the corporate world. Well, in order to support patent opposition, one needs to submit proof and evidence of effected goodwill of the company by misusing or copying of already registered patent by newly proposed patent application. If one feel there is some wrongful or illegal has been made by the new patent application, one can submit an application of opposition in respect of patent registration.
Here in India, the patent act 1970, under section 25 has been made the several provisions and grounds under which one can make a patent opposition in India. Like lack of novelty, obviousness, Wrongful obtainment of patent and many more. On the floor of these grounds, one can make an opposition of patent either pre grant opposition or post grant opposition. Here at, trademarkregistrationindia, we provide you with the complete package of patent opposition procedure where can get accurate services at the best affordable rates.
Patent Opposition Procedure System in India
In India, the patent opposition procedure system is well-developed and perfectly responsive, for both pre-grant and post-grant types of patent oppositions. In the case of pre-grant patent opposition, the application representing opposition must be filed at any regional patent office in India, within six months from the date of publication of the patent application demanding registration. On the other hand, application for post-grant opposition must be filed within twelve months after the grant of a patent, notified by the Patent Office Journal. These patent oppositions are generally raised on grounds of originality and novelty; misappropriation of or infringement upon previously granted patents; doubtful authenticity; encroachment upon the property of other individuals or entities; concealment of true biological sources; faulty or wrongful presentation of facts and figures; being harmful to the users or consumers; and several other reasons. Any such patent opposition is to be made in the prescribed form and in the manner mentioned in the Patents Act, 1970.
After the receipt of application for opposition, the Controller of Patents would issue a notice to the applicant or patent-holder, if he/she gets convinced by the opinions of the opponent. Both patentee and opponent will be then given opportunity to prove oneself blameless and right, through presenting statements and evidences. The Opposition Board will thereafter analyze the situation and pass judgment, for the best possible solution. Cancellation of opposition made; or acceptance or rejection of the alleged patent application; or amendment in the patent applied for; or maintenance or repeal of the granted patent, could be the final verdict of the Opposition Board constituted by the Controller.