Full Article: Patent Opposition in India: Recent Trends
Overview of patent opposition in India, the two-stage patent opposition process and how it affects the industry, as the patent applicants are now vulnerable to multiple pre-grant oppositions filed by competitors, or even by a single competitor, since there is nothing to stop a party which has filed a pre-grant opposition from subsequently filing an opposition once the patent has been granted.
Originally published here.
As a result, it is not uncommon that continuous and repeated opposition proceedings have been launched against the same patent application. The resulting delays are a major cause of concern for the patent applicant, as the patent term begins to run from the date of filing of the application. This wave of opposition proceedings is also adding to the backlog of patent prosecutions at the Indian Patent Office. Given that revocation and litigation are also available options to challenge a patent, the delay in grant may be regarded as bias against the patentee.
Rahul Dev, Partner at the law firm of Tech Corp Legal LLP, is a patent attorney and international technology business lawyer. Dev’s corporate law practice is aimed at integrating patents, technology laws, intellectual property rights, regulatory and security laws to provide services to Tech companies.
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