Pre-Grant Opposition | Intellepedia

Can a Pre-Grant Opposition Survive After Patent Grant?

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The Delhi High Court confirmed that once a patent grant order is signed, a pre-grant opposition under Section 25(1) is no longer valid. This case involving Vertex Pharmaceuticals affirms that the signature date is definitive, regardless of later administrative delays.

Patent Examination and Pre-Grant Opposition are independent processes

The Delhi High Court has confirmed that patent examination and pre-grant opposition are independent processes under Indian law. Pre-grant opponents are entitled to participate only on specific grounds of opposition, not throughout the examination. This distinction ensures a balanced, efficient, and legally compliant patent process.

You Shouldn’t have filed a Post-Grant Opposition, says Bombay High Court

The Bombay High Court in Safex Chemical India Ltd vs The Controller Of Patents clarified procedures for patent oppositions. The Court dismissed Safex’s writ, emphasising adherence to the statutory process under Indian patent law.

Delhi High Court asks the Patent Office to decide on amendments and give adequate opportunity in Opposition Proceedings

The Delhi High Court has provided clear procedural guidance for patent opposition proceedings, focusing on transparency and fair opportunity for all parties. The judgment underscores the importance of timely decisions on claim amendments and systematic handling of pre-grant oppositions by the Indian Patent Office.

High Court remands Patent Office’s Legally Infirm and Unreasoned Order

The Delhi High Court remanded a Patent Office order in a patent grant case for being legally infirm and unreasoned. The judgment underscores the importance of detailed reasoning and adherence to the principles of natural justice in patent proceedings.

Delhi HC Interprets the Date of Grant of Patent

The Delhi High Court clarified that a patent is granted on the date the Controller issues a formal order, which determines the timeline for pre-grant oppositions. This decision provides important clarity on the interpretation of Section 25 of the Patents Act for Indian patent practitioners.

Delhi HC Interprets the Timeline for Pre-Grant Representation of a Patent

The Delhi High Court clarifies the timeline for pre-grant opposition under the Patents Act, distinguishing the rights of any person and a person interested. The judgment highlights legislative intent and the need for vigilance in patent opposition procedures.

Abbott’s HIV Drug Patent “Not an Invention”

The Indian Patent Office has rejected Abbott’s application for an HIV drug patent, finding no inventive step in the claimed composition. This decision highlights the robust scrutiny applied to pharmaceutical patents in India and the importance of pre grant opposition in safeguarding public health interests.

Mock Opposition Proceedings – A mock problem by Dr. Kalyan C. Kankanala at UPES School of Law

This mock problem examines a patent opposition proceeding under Indian law, involving claims of wrongful obtainment and lack of inventive step. It highlights core issues faced in patent litigation and legal standing in opposition cases.

Pre Grant Opposition of Patents in India – Lecture by Dr. Kalyan C. Kankanala at UPES School of Law

Dr. Kalyan C. Kankanala discusses the pre grant opposition of patents in India, focusing on the legal provisions and grounds available under Section 25(1). The lecture highlights the importance of the opposition process in safeguarding patent quality.