The Hindu Business Line : `New patent regime provides for pre, post-grant opposition'

POINTING out that the new patent regime provides for an effective pre-grant and post-grant opposition avenues in a cost-effective manner, the Government on Sunday said that the procedures for the same have been laid out in the revised rules notified on December 31, 2004.

"The Ordinance does not do away with the opposition procedure, rather it seeks to introduce a revised and tiered mechanism for opposition to the patent application as well as to a patent which has been granted," informed an official statement.

"The restructuring seeks to provide correctives against delays and introduces a simplified, efficient, cost-effective and user-friendly mechanism, which not only facilitates expeditious grant of patents but also safeguards the interest of third parties. It rationalises the time lines for each activity," the statement added.

A pre-grant opposition can be filed, along with a statement and evidence, within three months of "the date of publication of application or before the grant of patent, whichever is later." The opposition could be on various grounds including lack of novelty, inventiveness and industrial applicability, non-disclosure or wrongful disclosure of source of geographical origin of biological material used in the invention, or anticipation of invention by traditional knowledge.

The post-grant opposition facility is "in line with the system operating in most patent offices worldwide and will be without prejudice to the option of challenging a patent in the appropriate judicial forum," added the statement.

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