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ARTICLE · 11 JUNE 2021

Patent Pre Grant Opposition- Appeal Against Order

S.S. Rana & Co.
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Under the Amendment Act of 2005, right to appeal was only given to sub-clause (4) of Section 25, as it stood then.

IndiaIntellectual Property
Vikrant Rana
Vikrant Rana
Priya Adlakha
Priya Adlakha
Rima Majumdar
Rima Majumdar
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Over the years, much controversy roamed around the provisions and remedies to challenge the order passed by the Controller General of Patents, in a pre-grant opposition under the Patents Act, 1970, as amended from time to time.

As per the Patents (Amendment) Act, 2005 (hereinafter referred to as 'the Act'), , a patent application can be opposed at two stages, one at the Pre-Grant stage i.e. before the patent is granted and another is at Post-Grant opposition i.e. after the patent is granted.

For the purpose of ready reference, it is briefly mentioned that Section 25 (1) of the Act provides grounds for a Pre-Grant Oppositions by anyone, Section 25(2) sets out grounds for a Post-grant opposition by person interested, Section 25(3) deals with constitution of Opposition Board and examination of the Pre-Grant Oppositions and Section 25(4) deals with the Power of Controller to pass order either to maintain, amend or revoke the patent.

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