The Patent law in India provides for
a process of a pre-grant opposition, whereby opponents may pose
their standing against the grant of the patent. The Forum for the
same being the Patent Office itself, the contentions made there
under find a place under the microscopic eye of examiners and
controllers who apply a confluence of technical and substantive
assertions to arrive at a decision. An elucidation of this was
viewed in Societe Des Products Nestle S.A. v. Council for
Scientific and Industrial Research [2008(37) PTC 555(
P&D.O.)]
Nestle, applicants for a patent
titled "A process for the Preparation of a Foodstuff with a
good cooked flavour by extrusion and an installation for carrying
out the Process", obtained a First Examination Report, as
under S. 12 of the Patents Act, 1970 to be replied to within
fifteen months from the date of forwarding the examination report.
The application was responded to, and subsequently examination
reports to the effect had been
