Relevance of Indian Pre-Grant Opposition

Abstract

The opposition procedure in patent law is an important part of the system that enables parties to challenge the grant of a patent. As of now, patent applications are opposed prior to and subsequent to grant and procedure for the same is known as pre grant opposition and post grant opposition respectively. Member Countries of TRIPS, sooner or later, have adopted post grant unified system of opposition procedure as pre grant opposition leads to undue delay in grant of patent and has hit the main rationale behind incentive based patent system. In India, where a patent application is allowed to oppose at two stages i.e. post-grant opposition and pre-grant opposition, the position needs to be reviewed.