Patent Opposition

Opposition to a patent is made by filing a Notice of Opposition within three months of the date on which the Patent Office advertised approval of the patent application. The opponent should serve a Statement of Grounds and Particulars on the patent applicant within three months of filing a Notice of Opposition. The statement of grounds and particulars on patent is intended to give the applicant fair notice of the case to be met and to define the issues of the opposition. Therefore, It is very important to carry out comprehensive searches to ensure that, as far as possible, all relevant prior art is listed. Generally, the Statement of Grounds and Particulars should be in summary form and brief description as the nature of the opposition permits. Each ground should have at least one particular, such as the documents relied upon.

Patent Oppositions Procedure

In pre-grant opposition, the representation may be given at the appropriate office along with an evidence and statement in support of the representation. However, the representation shall be considered, when a request for examination of the application has been filed.

Business Query Form

If the Controller feels that the application requires amendment or rejection considering the representation, a notice shall be given to the applicant in this regard. The applicant replies within a period of 1 month from the date of the notice with statement and evidence in support of his application. The applicant may also request for a hearing if desired. Normally, the case shall be decided within 1 month from the completion of above proceedings. The notice of opposition is to be given in the prescribed form at the appropriate office in post grant opposition along with a written statement setting out the nature of the opponent's interest.