Patent opposition in India can be done, either before the patent is granted, by filing pre-grant opposition by representation, or after the grant of the patent within a year, by filing a post grant opposition. Patent opposition system is a very effective tool that people can use to prevent the grant of infringing patents or patents that do not involve an inventive step. It prevents the existence of frivolous or unnecessary patents in the economy.
Pre grant opposition and post grant opposition
1) Invention has been published before the priority date of claim.
2) Same invention has been published or filed prior to the Applicant’s filing.
3) Prior public knowledge or public use in India
4) Obviousness and lack of inventive step
5) The subject-matter is not an invention or not patentable under the Act.
6) Insufficient and unclear of description of the invention
7) Non-disclosure of information as per the requirement or providing materially false information by an applicant
8) Convention patent application not filed within 12 months of filing the first application in a convention country
9) Nondisclosure/ wrong mention of source of biological material
10) Invention anticipated with regard to traditional knowledge of any local or indigenous community, in India or elsewhere