Post-Grant Opposition
Opposition
Post-Grant Opposition
Expertise in Post-Grant Opposition matters before the Indian Patent Office
Representation for Opponents
Post-grant opposition in India provides an important statutory mechanism for challenging the validity of a granted patent. Under Section 25(2) of the Patents Act, 1970, any interested person may file a post-grant opposition within one year from the date of publication of the grant of the patent.
These proceedings allow competitors, industry participants, or other affected parties to contest patents that may have been granted despite deficiencies relating to novelty, inventive step, disclosure support, or statutory exclusions.
Post-grant opposition proceedings involve detailed technical analysis, strong legal arguments, and effective presentation before the Opposition Board and the Controller of Patents. A well-structured opposition can play a critical role in preventing enforcement of invalid patents and protecting market freedom.
Our services include:
When to Consider Post-Grant Opposition or Revocation
- A competitor has been granted a patent affecting your product
- You receive a warning notice or infringement claim
- The granted claims appear overly broad or technically weak
- Market entry is being blocked by questionable patent rights
Acting within statutory timelines is critical.
Key Grounds for Challenge
- Lack of novelty
- Lack of inventive step
- Non-patentable subject matter
- Insufficient disclosure
- Wrongful obtainment
- Failure to comply with statutory disclosure obligations
Each ground requires technical substantiation and procedural precision.
Discuss your opposition strategy with us now!
Representation for Patentee
Patent owners must often defend their granted patents against post-grant opposition challenges. Effective defense requires careful analysis of the opposition grounds and strategic response to maintain the validity and scope of the patent.
Our defense strategy focuses on:
Discuss your opposition strategy with us now!
Why Post-Grant Opposition Matters
Post-grant opposition proceedings play a significant role in the patent lifecycle by enabling early resolution of validity issues. These proceedings may help companies:
Why us?
Why Choose Origiin?
Deep technical + Legal expertise
Deep technical and legal expertise in handling complex patent opposition matters across diverse technology domains.
Balanced technical and legal arguments
Balanced technical and legal arguments tailored to Indian Patent Office examination and opposition practices.
Experience in both opposition and defense
Experience in both opposition and defense, providing insight into how arguments are evaluated from both sides.
Clear communication
Clear communication and Transparent process management throughout the opposition proceedings.
Patent Revocation – India
Patent revocation provides a legal mechanism to challenge the validity of a granted patent when it does not meet the requirements of patentability. Under Section 64 of the Patents Act, 1970, revocation proceedings may be initiated before the appropriate court on grounds such as lack of novelty, absence of inventive step, insufficient disclosure, wrongful obtaining, or non-patentable subject matter. These proceedings require detailed technical analysis and strong legal arguments to effectively establish the validity or invalidity of the patent. Our team supports clients in evaluating revocation grounds, preparing technical and legal submissions, and developing strategic approaches to either challenge invalid patents or defend granted patent rights.
Discuss your strategy with us now!
Posts
From our Blog
Section 8 Compliance in India: Disclosure Obligations and Prosecution Risk for PCT Applications
Section 8 of the Indian Patents Act imposes a continuing obligation to disclose corresponding foreign filings. For PCT national phase applications, non-compliance can lead to examination objections and opposition risk. This article examines disclosure scope, procedural exposure, and strategic considerations for foreign patent attorneys managing India filings.
Pre-Grant Opposition in India: Risk Assessment for PCT National Phase Applications
Pre-grant opposition in India allows third parties to challenge a patent application at any time after publication and before grant. For PCT national phase applications, this creates a distinct procedural risk. This article examines opposition grounds, timing, and strategic considerations for foreign patent attorneys managing India filings.
Central Government’s power to revoke a patent under Section 66
Patents serve as powerful instruments within the realm of intellectual property, providing inventors with exclusive rights to their inventions for a specified duration, typically spanning 20 years[1]. These legal tools not only incentivize innovation by shielding...
Patent Opposition: Before and after the patent grant
A patent is a type of intellectual property right (IPR) that gives its owner, the legal right to exclude others from making, using, or selling, offering for sale or importing the patented invention in the territory where patent is granted. Patent rights are granted...
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