Pre-grant and post-grant opposition
Two routes with the same statutory home and completely different mechanics.
Pre-grant representation can be filed by any person after publication and before grant. It is cheap to file and has no formal standing requirement, which is why it is used both genuinely and tactically.
Post-grant opposition can be filed only by a person interested, only within one year of publication of grant, and it goes to an Opposition Board with a structured exchange of evidence.
The grounds overlap heavily — prior publication, prior claiming, prior public knowledge or use, obviousness, non-patentability, insufficiency, wrongful obtaining, and failure to disclose foreign applications — but the procedure, the timing and the consequences do not.
The provisions that govern this
Act sections and Rules are listed separately, as they always are on this site. Open a provision for its own explanation, example and deadlines.
- 25Opposition to the patent
- 26In cases of “obtaining” Controller may treat the patent as the patent of opponent
- 27Refusal of patent without opposition
- 29Anticipation by previous publication
- 34No anticipation if circumstances are only as described in sections 29, 30, 31 and 32
- 61Procedure for disposal of applications for restoration of lapsed patents
- 64Revocation of patents
- 77Controller to have certain powers of a civil court
- 79Evidence how to be given and powers of Controller in respect thereof
- 87Procedure for dealing with applications under sections 84 and 85
- 145Publication of official journal
- 150Security for costs
- 46Omitted
- 48Omitted
- 55Opposition to the patent
- 55AFiling of notice of opposition
- 56Constitution of Opposition Board and its proceedings
- 57Filing of written statement of opposition and evidence
- 58Filing of reply statement and evidence
- 59Filing of reply evidence by opponent
- 60Further evidence to be left with the leave of the Controller
- 61Copies of documents to be supplied
- 62Hearing
- 63Determination of costs
- 63ARequest made under section 26(1)
- 64Omitted
- 65Omitted
- 85Opposition to restoration under section 61
- 87Surrender of patents
- 98Notice of opposition under section 87(2)
- 101Procedure to be followed in case of applications under section 88(4)
- 124Manner and time of opposition to the making of corrections
- 126Form, etc., of affidavits
- 127Exhibits
- 129Exercise of discretionary power by the Controller
- 129AAdjournment of hearing
- 136Scale of costs
- 139Hearing before the Controller to be in public in certain cases
Facing an opposition, or considering filing one?
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