Testing A Patent: Opposition And Revocation In India

Introduction

It is sometimes presumed that the patent application process concludes with the grant of a patent, after it has been successfully prosecuted. Although prosecution examines an application for patentability, its true test arguably comes during the opposition process. It would not be a stretch to suggest that patent opposition is as integral a part of the process of obtaining a patent, as is its prosecution.

Patent opposition refers to the legal procedure that allows for a third party to oppose or challenge the legitimacy of a pending patent application or a granted patent. This helps the patent office to grant quality patents. Like patent prosecution, patent opposition is also split into two parts: