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New Delhi, July 20 To allow companies make optimum use of the pre-grant patent opposition provision, the Patent Office has now issued a notification to its respective branch offices pointing out that they will be required to provide replies of the applicant company to the entity which is opposing its grant of patent and the grounds on which it was contesting.

According to a statement from the Federation of Indian Chambers of Commerce and Industry (FICCI) and Department of Industrial Policy and Promotion (DIPP) Working Group, the notification would also free the judiciary from the inundating patent-related disputes. The FICCI-DIPP task force is working to speed up the work of the Patent Office.

“Officials at each patent office would be required to provide to the opponent company an access to the patent applicant’s reply contesting pre-grant opposition,” said a FICCI official.

Till date, around 300 pre-grant oppositions have been filed. However, lack of uniform standards to provide adequate response to the company opposing the grant of patent, had discouraged more companies to leverage the provision.

For instance, in the matter concerning the pre-grant opposition against patent application filed by Boehringer Ingelheim covering invention relating to anti-HIV drug, the Delhi patent office provided the applicant’s response to the opponent.

However, in the case of the patent application filed by Gilead Sciences, the Delhi Patent Office refused to supply the applicant’s response to the opponent, the Chambers said.

The joint task force is of the view that with stricter norms to ensure transparency in cases related to pre-grant opposition, the number of litigation cases at the early stage of the patent being granted would increase substantially.

Hence, when dispute goes to the court after the grant of the patent, the opponent company can also fight its case better, the chambers stated.

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