Opposition Proceedings under the Indian Patent Law

Preface

Opposition proceedings are the litmus test for an invention claiming patent protection under the Patent law. Since patents are the instruments of monopoly, it is imperative that this monopoly is tolerated only if strictly justified by the public policy and the national legislation. From the perspective of the society at large, opposition filters the bogus and frivolous claims for patent protection and from the standpoint of the innovating industry it thwarts the erosion of their commercial profits. Keeping in sight the enormous significance of opposition in the grant of patent, this article shall delve into the metamorphosis of the opposition system in India, stages of opposition and efficacy of the present provisions in the context of the paradigm shift of patent regime in certain technologies.