Opposition Proceedings

Introduction

Earlier amendment of The Patents Act 1970 provided provision for only one type of opposition system, i.e. the Post-grant opposition system. The currently amended act now also provides for a Pre-grant opposition system, making two opposition opportunities being made available for third parties. While in pre-grant opposition, any person can represent, in writing to the Controller General of Patents for any patent application that is published but not granted. The pre-grant opposition can be filed on number of grounds as specified under section 25 (1) of the act. With respect to the post-grant opposition, any interested person can file a request before the expiry of a period of one year from the date of publication of grant of the patent. Similar to the pre-grant opposition, a post-grant opposition can be filed on number of grounds as specified under section 25 (2) of the act.

Experience

Khurana & Khurana has been, for the past over five years, assisting clients in preparing, filing, and executing Patent Opposition proceedings for its Indian and Global clients. The firm has a strong and dedicated team of Patent Attorneys and Practitioners, wherein these Practitioners have a broad range of experience working with In-house IP Counsels to make a strong case to turn down the concerned IP.

Our Approach

We at Khurana & Khurana work with each client independently so as to customize the service based on the client’s requirements and expectations. Our complete focus while executing each project is to ensure consistent quality standards along with maintaining quick turn-around times. Our firm primarily has two patent groups functioning for its clients with one group focusing on Hi-Technology Patents covering Information and Communication Technology (ICT), Electronic, Electrical, Medical Device, and Mechanical Patent matters and the other group covering Pharmaceutical, Chemical, Biotech and other Life Sciences related Patent matters. A separate and dedicated Trade Mark Opposition team handles oppositions, counter-statements, and hearings to help get desired and cost-effective solutions for the clients.