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ARTICLE · 24 OCTOBER 2016

Post-Grant Opposition And Revocation Proceedings Under Indian Patent Act: What Is Better?

Khurana & Khurana, Advocates and IP Attorneys
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Patent Act, 1970 provides opposition/ revocation mechanisms to make sure that undeserving Patents are not granted in contravention of the provisions of the Act or that they can be opposed/ revoked.

IndiaIntellectual Property

Patent Act, 1970 provides opposition/ revocation mechanisms to make sure that undeserving Patents are not granted in contravention of the provisions of the Act and if they are granted, they can be opposed/ revoked. Grant of patent can be opposed before as well as after grant of patent. Relevant sections for different mechanisms, locus standi, jurisdictions where they can be entertained, timelines within which they can be opted, and the grounds on which they can be based have been summarized in the below table:

Point of Comparison Pre-grant opposition Post-grant opposition Revocation
Section 25 (1) 25 (2) 64
Locus Standi Any person Person  Interested Person  Interested, Central Government or alleged infringer in a counter-claim

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