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ARTICLE · 05 JUNE 2017

PCT Third Party Observations & Pre-Grant Opposition In India: An Analysis:

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In India there is provision of Pre- Grant Opposition, whereby any person can represent by way of opposition to the Controller of Patents against grant of a patent for any invention based on specific...

IndiaIntellectual Property

Pre-Grant Opposition in India:

In India there is provision of Pre- Grant Opposition, whereby any person can represent by way of opposition to the Controller of Patents against grant of a patent for any invention based on specific grounds as mentioned in Section 25(1) of Indian Patents Act, 1970. In case the Opposition representation is found to be valid, it may assist Patent Office in taking decision with regards to patentability of an invention before a Patent is granted to the invention, thereby resulting in grant of valid patents.

PCT Third Party Observations:

In the international phase of PCT application, originally the only people involved were the applicant and the Offices conducting various aspects of processing (receiving office, International Bureau and International Searching and Preliminary Examining Authorities). Third parties were getting some information during the process of International Phase, but have had no opportunity to comment unless the

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