As the word itself defines, “Pre-grant opposition” is the opposition which is put up by the opponent before the patent is granted. Pre-grant opposition can be filed by any interested person/party after the publication of a patent till it is granted.
Pre-grant opposition 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 gives third parties the opportunity to oppose the grant of a patent just after publication of the patent application. The provisions for grounds of opposition are listed under Section 25(1) of the Patents Act, 1970.
For pre-grant opposition, a hearing may be scheduled between the applicant and the opponent and the Controller. The controller may ask the applicant to amend the patent application (within the scope of the invention) before submitting it to the Indian patent office.
Our associates have successfully conducted pre-grant opposition hearings with their techno-legal expertise.
