Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 09 JUNE 2020

Pre-Grant Opposition - Judicial Perspective

S&A Law Offices
S&A Law Offices
Contributor
S&A Law Offices

S&A Law Offices

S&A Law Offices is a full-service law firm headquartered in Delhi NCR. The firm has 300+...

View firm profile
Explore more from S&A Law Offices

Pre-Grant Opposition is not a new concept in India. It was introduced for the first time in the 1911 Act and is applicable even today.

IndiaIntellectual Property
Ishan Sambhar
Ishan Sambhar
Author LinkedIn connections

Pre-Grant Opposition is not a new concept in India. It was introduced for the first time in the 1911 Act and is applicable even today. Section 25(1) of the Patents Act, 1970, and Rule 55 of the Patent Rules, 2003, deal with the pre-grant opposition procedure in India. Pre-grant opposition can be filed after the publication of the patent application and before the grant of the patent. It can be filed by any person i.e. any third party can file pre-grant opposition before the Controller. Pre-grant opposition is filed on Form 7A, as per First Schedule and no fee is applicable on filing the pre-grant opposition.

The grounds on which a pre-grant opposition can be filed are given under section 25 clause (1) sub clause (a) to (k) as discussed above.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Copy, Right? ANI Media Pvt. Ltd. v. Open AI OpCo LLC

When an artificial intelligence system is trained on copyrighted news content, and later answers a user’s question using what it learned, has the law been broken? On 24th July 2026, the Delhi High Court answered that question, at least for now. In ANI Media Pvt. Ltd. v. Open AI OpCo LLC, Justice Amit Bansal declined to grant an interim injunction against OpenAI, holding, on a prima facie, interim stage view, that the company’s use of ANI’s news content to train its large language models (“LLMs”) falls within the fair dealing exception under Section 52(1)(a) of the Copyright Act, 1957
IndiaIntellectual Property
S.S. Rana & Co.
S.S. Rana & Co.
Article

AI Training Data, Copyright Risk And Commercial Liability: What Businesses Need To Know

On 8 October 2026, USA Today Co. and its affiliated newspaper companies, which publish 19 titles including USA Today, the Detroit Free Press and The Arizona Republic, sued seven OpenAI entities in the US District Court for the Southern District of New York. The complaint alleges that OpenAI copied their journalism to train its models, stripped identifying information from it, and now uses those models to give ChatGPT users summaries that substitute for the original reporting. The publishers seek more than USD 250 million in damages, an injunction and an order for the destruction of models and training sets containing their content.
IndiaIntellectual Property
Legitpro Law
Legitpro Law
Article

Understanding Forgery And Use Of A Forged Document

“Commercial disputes being given a criminal colour” is a routine issue faced by criminal courts across the country, and the Hon’ble Supreme Court of India has also quashed several criminal complaints pertaining to commercial/civil claims for that reason. It is important to note that, in such criminal complaints, the usual allegations involve offences of cheating, criminal breach of trust, forgery, and the use of forged documents.
IndiaCriminal Law
S&A Law Offices
S&A Law Offices