Patent Opposition Board Report: Can you challenge it before the final order?

A close-up of a formal legal document stamped in red with the word "PRELIMINARY," resting on a dark wooden desk. The document shows sections headed "Findings of Fact," "Conclusions of Law," and "Recommendation," with a blank date line at the bottom. A gavel is partially visible in the upper right corner. Featured image for article: Patent Opposition Board Report: Can you challenge it before the final order?

When is a patent opposition board recommendation ripe for a writ petition, and when is it simply too soon? The Madras High Court tackled this question in a dispute between E.R. Squibb & Sons LLC and Zydus Healthcare Limited over a cancer-treatment patent, with significant implications for patent opposition board recommendation practice in India.

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CASE BRIEF: Novo Nordisk AS vs. Union of India & Ors.

The Delhi High Court’s decision in Novo Nordisk AS vs. Union of India addresses key procedural and substantive aspects of post grant patent opposition in India. The judgment clarifies evidentiary requirements, parties’ rights regarding Opposition Board reports, and the strict timelines under the Patents Act and Rules.

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Post-Grant Patent Opposition, Evidence and Hearings: Role of Patent Office, Opposition Board, and Parties

This post provides an analytical overview of the procedures and legal standards for post-grant patent opposition in India. It examines the Delhi High Court’s guidance on evidence, hearings, and the respective roles of the Patent Office and Opposition Board, underscoring the need for transparency and timely adjudication.

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