Post-grant opposition is a crucial process for ensuring the validity of patents and protecting public interest. By effectively preparing and managing a post-grant opposition, one can challenge patents that may not meet the required criteria for patentability. At SciTech Patent Art, we provide expert assistance in preparing and filing post-grant oppositions, helping our clients navigate the complexities of the process to achieve favorable outcomes. Our goal is to support them through every stage, from preparation to follow-up, ensuring that their interests are effectively represented.
- Purpose: The objective is to ensure that only patents that genuinely meet the criteria for patentability remain in force, correcting any errors or issues that may have been overlooked during the initial examination.
Key steps in filing a post-grant opposition in India:
- Preparation of Written Statement of Opposition: Draft the written statement of opposition along with relevant evidence to substantiate the claims made therein, clearly outlining the grounds for opposition and arguments.
- Submission of opposition representation: File the opposition using the prescribed form and pay the required fee as per the Patent Office regulations.
- Timeline: Ensure that the opposition is filed within 12 months from the date of the grant of the patent.
- Confirmation of Receipt: Obtain an acknowledgment from the patent office confirming the receipt of your opposition application.
- Response Time: The patent holder will be given an opportunity to respond to the opposition within a specified period.
- Review Responses: The patent office will review the references put forth by the opponent as well as the patent holder’s response, expert evidence, and any additional submissions.
- Hearing: When a hearing is scheduled, prepare to present evidence and oral arguments.
- Decision by the Patent Office: The patent office will analyze the submissions and issue a decision on the opposition, which could involve revoking, amending, or maintaining the patent.