Promised and Forgotten: How a Pre-Grant Opposition swallowed a hearing

A rusted file drawer label reading "Broken Promises" - representing the Controller of Patents' unfulfilled Section 14 hearing assurance in a pre-grant opposition case decided by the Bombay High Court. Featured image for article: Promised and Forgotten: How a Pre-Grant Opposition swallowed a hearing

The Bombay High Court, in AIC246 AG & Co. KG v. The Patent Office of India, has set aside a patent rejection that bypassed the mandatory Section 14 examination hearing, ruling that a pre-grant opposition hearing under Section 25(1) cannot substitute for an applicant’s statutory right to be heard before refusal.

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