Tuesday, January 26, 2010

Know the 8 Steps under Pre-Grant Opposition

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.

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