Opposition to Grant of Patent Section 25 Grounds of Opposition

Posted on 05-05-2016        By ADMIN

Opposition  to Grant of Patent  Section 25 Grounds of Opposition

                        Atany time within 4 months - from the date of advertisement of the acceptance ofthe complete specification, any Person interested may give notice, to the “ Controller” - of Opposition to the grant of Patent. However, the Controller may, on anapplication, extend the time limit by one more month.

                        The“ Grounds of Opposition ” are as under :-

a.         Applicant - wrongfullyobtained the invention,

b.         Invention -was published before the priority date ( 01-01-1912 ) in India or elsewhere,

c.         Invention -is already claimed in an application having earlier priority claim,

d.         Invention -was publicly known or publicly used - before the priority date of claim,

e.         Invention -claimed is obvious and does not involve any inventive step,

f.          Subject ofclaim - is not an invention or is not patentable,

g.         Completespecification - does not sufficiently and clearly describe the invention ormethod - by which it is to be performed,

h.         Applicant -has failed to disclose material information required under the Act,

i.          In case ofConvention Application, - the Application was not made within 12 months fromthe date of first application  inConvention Country.

j.          that thecomplete specification does not disclose or wrongly mentions - the source orgeographical origin of biological material used for the invention ;

k.         that theInvention so far as claimed in any claim of the complete specification is anticipated- having regard to the knowledge, oral or otherwise, available within any localor indigenous community in India or elsewhere,

            Note : TheGrant of Patent cannot be opposed on any other ground.

          Q.On whatgrounds can the grant of a patent be opposed under the Patents Act, 1970 ? (June 1995 - 7 Marks ; Rep : Dec 1996 ; Dec. 2000 )

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