Tuesday, January 26, 2010

11 Grounds for Pre-grant Opposition Under section 25(1)

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).


  1. Wrongfully obtaining
  2. Prior publication / prior claiming
  3. Prior claiming in India
  4. Prior public knowledge or public use in India
  5. Obviousness and lack of inventive step
  6. Not an invention or the invention not patentable
  7.  Insufficient description of the invention
  8.  Failure to disclose information or furnishing false information relating to foreign filing
  9. Convention application not filed within the prescribed time
  10.  Incorrect mention of source/geographical origin of biological material
  11.  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

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