The process of a patent doesn’t end at obtaining a patent. If you own a patent, you need to monitor the activities of the competitors as well as the new players emerging in the market and find out through different sources whether someone is patenting an idea in disguise which is similar to your intellectual property asset. If someone is filing an application in that manner then you as the owner of such intellectual property asset holds the right to oppose the applicant within a stipulated time period. This process requires patent watch which also helps one to know about the current state of technology in the industry and about the business activities of competitors in the industry. We at EXCELON IP, provide the most affordable Patent Opposition Services in Ahmedabad, India.
When a patent is granted, exclusive rights over it are granted to the applicant and inventors for the invention which is novel, inventive or which introduces a resolution, a technical solution to some problems thereby making human life easier. A patent grant provides exclusive rights to a patent holder to manufacture, promote and sell their invention. Therefore it is necessary to ensure that the patent is only awarded to those inventions which deserve such exclusivity. Opposition proceedings have been framed under the patent law to restrain someone from wrongfully obtaining a patent and/or misusing its right of patent by creating in competitive monopoly. Indian patent law gives an option of PRE grant oppositions as well as POST grant oppositions as a checkpoint to avoid such a situation. The Opposition proceedings may be filed through PRE grant or POST grant oppositions based on the stage of the application.
Pre Grant Opposition
Under PRE grant opposition, an entity or any person or even government can initiate pre-grant opposition against the patent application which is not yet granted. PRE grant opposition is a great defence to ensure the rationality of the freshly filed application before it is granted to someone. There are certain grounds as listed in the patent law of India [S.25 (1)(a) to (k) of the patent act] which are the only genuine grounds of PRE grant Opposition. This kind of opposition can be instituted at any time, post, the patent application is publicized and before the patent is granted by the patent office of India
Post Grant Opposition
POST grant opposition shall be filed after the grant of a patent to the applicant. Under this clause, any interested party, person or government on the prescribed grounds and in a prescribed manner in accordance with the Indian patent laws can file an opposition proceeding. Wherein the interested party can be anyone, any researcher working in a similar area or, any company which has financial interests. POST grant opposition can be raised anytime within 12 months after notification of patent grant. After expiry of 12 months from notification of patent grant, only options remain is to revoke the patent in high court anytime till the expiry of the patent
Where lies the difference between the two?
PRE grant, as well as POST grant oppositions, contains almost identical grounds for the proceeding of opposition. There exist certain procedural differences in the two types of opposition. The most significant of them all is that PRE grant opposition matter can be instituted by ‘any person’ whereas in POST grant opposition, only the ‘person interested’ may institute the matter. Yet another difference is PRE grant opposition is FREE while POST grant opposition is attached with prescribed fees.
Key-benefit of Pre Grant & Post Grant Opposition
Considering from the point of view of the patent office, the PRE grant opposition results in providing extra points or extra information to the examiner, which might have missed during examination and helps restrain the grant of patent to an invention which doesn’t match the requirements of patentability, Whereas, POST grant opposition puts an additional checkpoint to granted patent if patent was granted with some error during examination.
As we can see from above, the methods and the system enshrined under the patents act, 1970 for PRE grant as well as POST grant oppositions are fast and foul-proof in comparison with few other forums existing. The decisions of the controller of patents also help in understanding how the evaluation process works at the patent office. Conclusively, patent opposition is really an effective tool for corporations or companies or any other organizations who want to restrain a patent application from moving forward or who prefers to revocation of the invention of a patent owner who was granted patent wrongfully.
EXCELON IP – Pre Grant & Post Grant Patent Opposition Services Law Firm
We, at Excelon IP, provides comprehensive solutions to our clients in patent opposition proceedings of both kinds. We are a team of distinguished experts operating as patent agents and patent attorneys registered under Indian Patent office and can guide and help for preparing and defending PRE grant as well as POST grant opposition.