Patents Act · Chapter V

Opposition Proceedings to Grant of Patents

Chapter V of the Patents Act, 1970 contains 4 sections, of which 1 has been omitted. Each one has its own page with a plain-language explanation, a worked Indian example, the forms and deadlines it touches, and the rules it connects to.

Ch I Ch II Ch III Ch IV Ch IVA Ch V Ch VI Ch VII Ch VIII Ch IX Ch X Ch XI Ch XII Ch XIII Ch XIV Ch XV Ch XVI Ch XVII Ch XVIII Ch XIX Ch XX Ch XXI Ch XXII Ch XXIII

Sections in this chapter

In force

Omitted

25–28

Section numbers

25Opposition to the patentCreates India's two-stage opposition system: anyone may object before grant, and any interested person may oppose within a year after grant.
26In cases of “obtaining” Controller may treat the patent as the patent of opponentWhere a patent was wrongfully obtained from someone else, this section lets the Controller hand the stolen claims to the rightful owner.
27Refusal of patent without opposition OmittedAn omitted provision that once let the Controller refuse a patent for anticipation even where nobody had filed an opposition.
28Mention of inventor as such in patentLets a true and first inventor be named as inventor in the patent and the register, without giving that person any ownership in the patent.