Can "Any Person" File A Pre-grant Opposition In India?

Can "any person" oppose a patent application before it is granted? Or must persons now provide their credentials before filing oppositions? Are there circumstances when such oppositions cannot be entertained? The Bombay High Court was faced with questions like these in the recent case of Dhaval Diyora vs. Union of India (WP(L) 3718/2020; 05 November 2020). The petitioner asked the Court to direct Controller of Patents ('the Controller') to hear his pre-grant opposition under Section 25(1) of the Patents Act, 1970 ('the Act'). The pre-grant representation was filed 18 years after the term of the patent in question had expired, and days after the patent application had been allowed by Intellectual Property Appellate Board ('IPAB'). A Division Bench of the Court, dismissing the writ petition with costs, condemned the practice of filing "benami" or "nameless" oppositions against patent applications.