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What is patent opposition in India?

What is patent opposition in India?

22-Dec-2025

Patent

Answer By law4u team

Patent opposition in India is a legal process that allows interested parties to challenge the grant of a patent either before it is granted or after it has been granted, on specific grounds prescribed under the Patents Act, 1970. It is an important mechanism to ensure that patents are granted only for inventions that are truly novel, inventive, and industrially applicable, preventing unjust monopolies. Patent opposition in India is divided into pre-grant opposition and post-grant opposition. 1. Pre-Grant Opposition Definition: Pre-grant opposition is filed after a patent application has been published but before the patent is granted. Who Can File: Any person can file a pre-grant opposition, including individuals, companies, or organizations who have an interest in the matter. Time Frame: Opposition can be filed any time after the publication of the application and before the grant of the patent. Grounds for Pre-Grant Opposition: Some common grounds include: The invention is not novel or lacks inventive step. The invention is not capable of industrial application. The invention is already disclosed in any prior publication or patented elsewhere. The patent does not meet the requirements of patentability under the Patents Act. The applicant wrongfully obtained the patent or is not the true inventor. Procedure: File the opposition in the prescribed form with the Indian Patent Office. The patent applicant is given an opportunity to respond to the opposition. The Controller of Patents examines the claims and arguments from both sides. Based on the findings, the patent may be granted as is, modified, or refused. 2. Post-Grant Opposition Definition: Post-grant opposition is filed after a patent has been granted. Who Can File: Any interested person (other than the patentee) can file opposition. Time Frame: Must be filed within one year from the date of grant of the patent. Grounds for Post-Grant Opposition: Post-grant opposition is broader and may include: The invention is not novel or lacks inventive step. The invention is not patentable under Sections 3 or 4 of the Patents Act (for example, certain medical methods, plants, or scientific theories are excluded). The patentee wrongfully obtained the patent. Non-disclosure or false statement of information relevant to patentability. The invention was already in public domain or prior art before the patent application. Procedure: File a post-grant opposition in the prescribed form with the Controller of Patents. The patentee has an opportunity to respond and defend the patent. The Controller conducts hearings, examines evidence, and decides whether the patent should be maintained, amended, or revoked. Purpose and Importance of Patent Opposition Preventing Wrongful Patents: Ensures that patents are granted only for genuine inventions. Protecting Public Interest: Prevents monopolies on inventions that are obvious, already known, or not useful. Encouraging Innovation: Helps maintain a competitive and transparent environment for inventors. Cost and Time Effective: Avoids prolonged litigation by resolving disputes at the patent office level before or shortly after grant. Example Pre-Grant: Company A files a patent for a chemical compound. Company B knows a similar compound was disclosed in a scientific journal. Company B files a pre-grant opposition, and the Controller may reject or modify the patent claims based on the opposition. Post-Grant: A patent for a new medical device is granted to Company C. Within a year, another company files post-grant opposition claiming that the invention was already disclosed in prior research. The Controller investigates and may revoke or amend the patent. Key Points to Remember Pre-Grant Opposition: Filed before patent grant, by any person, to challenge patentability. Post-Grant Opposition: Filed within one year after grant, by an interested person, to challenge validity of the granted patent. Both processes are handled by the Controller of Patents in India, and decisions can be appealed to the Intellectual Property Appellate Board (IPAB) or relevant courts. Patent opposition is an important check-and-balance mechanism to maintain fairness, transparency, and innovation integrity in India.

Answer By Anik

Dear client, The proceedings of Opposition are a process in order to avail Patent Registration that allows a third party to challenge the validity of a granted Patent or pending application of Patent. The Patent Act, 1970, of India also provides an opportunity to the public to challenge the granted Patents and pending applications by raising objections and filing an application for Patent Opposition with the Indian Patent Office (IPO). Patent Opposition proceedings provide opportunities for individuals or public at large or organizations to challenge the pending application of Patents or the granted Patents. The Patent Opposition, if appropriately used, can act as a vital tool in preventing the grant of frivolous Patent Grounds for Patent Opposition The applicant or the Patentee obtained the invention wrongfully from a person from whom the opponent derives title or from the opponent; The publication of invention was before the date of priority, subject to the limitations on anticipation as provided under Section 29 of the Patent Act, 1970; The invention was previously used publicly or known publicly in the territory of India, and the invention is related to a process then it should be deemed that the product made out of the process is publicly known or publicly used in the territory of India, and the product had already been imported in India before the date of priority; The invention was claimed previously in an Indian application which is having an earlier priority date; The anticipation of the invention is from a traditional knowledge in India or elsewhere; The Patentee has furnished false or has failed to disclose information regarding the foreign applications Pre-Grant Patent Opposition Under Section 25(1) of the Patent Act, 1970, provides for the provision of filing a Pre-Grant Opposition of Patent against an application of Patent filed at IPO. As per Section 25(1), any person, any third party, or the Government can challenge the application filed for grant of Patent. Post-Grant Patent Opposition As per Section 25(2) of the Patents Act, 1970 any interested person can file for Post-Grant Opposition of Patent.The Opposition should be filed within 12 months from the date of publication of the grant of a Patent. The Opposition can be filed based on any of the grounds as prescribed in the Patent Act, 1970, by giving a notice of Opposition of Patent to the Controller of Patent. Conclusion The Patents Act, 1970, prescribes two kinds of Opposition, i.e., Pre-Grant and Post-Grant, which offer flexibility to third parties to challenge the validity of a Patent even after publication of Patent until one year from its grant. I hope this answer was helpful. For any further queries please do not hesitate to contact us.

Answer By Ayantika Mondal

Dear client, Patent opposition in India is a statutory mechanism that allows any interested person or the public to challenge the grant of a patent on specified legal grounds, with the objective of preventing the grant or continuation of an invalid patent. The procedure is governed by the Patents Act, 1970, which provides for two types of opposition such as pre-grant opposition under Section 25(1) and post-grant opposition under Section 25(2). A pre-grant opposition may be filed by any person after the publication of the patent application but before the grant. Whereas a post-grant opposition may be filed by an interested person within one year from the date of publication of grant. The grounds of opposition include, inter alia, lack of novelty, absence of inventive step, non-patentable subject matter, wrongful obtaining, insufficiency of disclosure, and prior public knowledge or use. In post-grant opposition, the Controller of Patents constitutes an Opposition Board to examine the matter and make recommendations, after which the Controller hears both parties and passes a reasoned order. Patent opposition thus serves as an important safeguard in the Indian patent regime, ensuring that patents are granted and sustained only for inventions that meet the statutory requirements of patentability. I hope this answer was helpful. For further queries, please do not hesitate to contact us. Thank you.