i. Any person can file opposition by way of representation to the Controller against the grant of patent, at the appropriate office, before the grant of patent
on any of the above-mentioned grounds.
ii. The Controller shall not grant the patent before the expiry of 6 months from
the date of publication under section 11 A. Therefore, a person should try to
file such representation within the assured period of 6 months from the date of
publication under section 11 A.
iii. The representation shall include a statement and evidence, if any, in support of
such representation and a request for hearing, if so desired.
iv. The Controller shall consider the representation only after a Request for
Examination for that application has been filed.
v. On consideration of representation, if the Controller is of the opinion that the
application shall be refused or the complete specification requires amendment,
he shall give notice to the applicant to that effect along with the copy of such
representation.
vi. The applicant shall, if he so desires, give reply to that representation along
with his statement and evidence, if any, in support of his application within
three months form the date of the notice.
vii. The Controller shall consider the statement and evidence filed by the applicant
and may either refuse the grant of patent or ask for amendment of the complete
specification to his satisfaction before the grant of patent.
viii. After considering the representation and submission made during the hearing,
if so requested, the Controller shall proceed further simultaneously, either
rejecting the representation and granting the patent or accepting the
representation and refusing the grant, ordinarily within one month from the
completion of the above proceedings.
The patent application van be opposed before grant. Here are the 11 Grounds for Pre-grant Opposition by way of Representation u/s 25(1).
- Wrongfully obtaining
- Prior publication / prior claiming
- Prior claiming in India
- Prior public knowledge or public use in India
- Obviousness and lack of inventive step
- Not an invention or the invention not patentable
- Insufficient description of the invention
- Failure to disclose information or furnishing false information relating to foreign filing
- Convention application not filed within the prescribed time
- Incorrect mention of source/geographical origin of biological material
- Invention anticipated with regard to traditional knowledge of any community , anywhere in the world
No ground other than the statutory grounds as above can be taken
When an application made by applicant claims more than one invention, the
applicant on his own or to meet the official objection may divide the
application and file two or more applications, as applicable for each of the
inventions. This type of application, divided out of the parent one, is called a
Divisional Application. The priority date for all the divisional applications will be same as that claimed by the Parent Application (Ante-dating).
A law is an idea, placed in bill form, which passed in both the Houses of Parliament and / or State legislatures, and finally signed, by President or Governor.
Parliament or state legislatures pass legislation or laws. Before it's passed, it's usually referred to as a bill.
Once it's passed and signed by the president or governor, it normally is called Act.
Rules refer to the regulating principles or methods of procedure to implement the act.
A few features of PCT or patent cooperation Treaty
1. A PCT or Patent cooperation Treaty application is made in many countries at the same time.
2. There is 31 month period for National Phase Entry
3. Period for National Phase Entry can be as short as 19 months for certain countries which are members of PCT treaty.
4. Once in National Phase, national law applies in terms of procedure viz examination.
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