Whenever an intellectual property is concerned, patent is normally on the top while offering the rights and powers to anyone who invents unique and creative good and services in order to sell out in the corporate sector. Patent is a powerful tool while protecting once creative innovation from being copied or from any of the illegitimate activities. Well, under the patent; its opposition is one of the most important aspects that allow a person to challenge the standard and validity of the patent application before or after its grant. Lack of novelty, Obviousness, patent’s wrongful obtainment and non-patentable subject matter are some of the aspects against which a person can file a patent opposition.
Patent opposition proceedings are the wonder concepts that are being offered by the control authorities in order to concern the challenges. Well, patent opposition is a term used to challenge the standard of patent application being granted to the applied party. It can be done pre grant patent opposition or post grant patent opposition. Pre grant patent opposition is usually held under the section of 25 (1) under Indian Patent Act 1970 whereas post grant patent opposition is held under 25 (2) under Patent Act 1970. Well, the whole patent opposition procedure is basically segmented wise as per the time period. The respective party is expected to file opposition within the defined time period whereas the opposition party / patentee is expected to revert back within the definite time slot. Besides these, the controller of patent opposition is also expected to finalize patent hearing within one month of issuing patent opposition. Controller is one who decides upon the editing, hold or end of patent opposition application.
Pre Grant Patent Opposition : Pre grant when a person files an opposition before the patent is granted. Here the time period is six months and that’s prior to the date of publication of the patent application. If in case six months are not there then a person can go with an opposition till the grant of the patent would be made. On pre grant opposition, the patent controller needs to send a notice to patentee on other hand a patentee needs to submit evidence and other required documents to the controller of patent within three months of issue of notice. This whole process of pre grant patent opposition is expected to be resolved by the controller within the one month of an application for opposition has been made to the office of patent controller.
Post Granted Patent Opposition: Under the post grant patent opposition, an application for opposition could only be made only after a grant of patent to the original inventor. Here the period of opposition is one year within which a person can file a patent opposition to the office of controller. On other hand, a the opposition party is expected to submit evidence and other required documents within the ten days from the day of receiving legal notice in respect of hearing purposes.
Well, the patent opposition too consist several legal procedures and complex steps that needs to be followed in the legal wise in order to get the patent opposition claim. Here, we introduce you with the law firm in india that offers you with the complete services of patent opposition and related services including patent registration, patent search, renewal and many more. Thus, for availing the online services just log in us on the mentioned below email address.