AJ Patents

Patent Opposition (Pre-Grant & Post-Grant) 🛡️📝⚖️ 

Patent opposition is a critical safeguard in the Indian patent system that allows third parties to challenge a patent application before or after it is granted. This ensures that only genuine, novel, and non-obvious inventions receive protection. 🔍⚖️🇮🇳

At AJ Patents, we assist clients in both filing oppositions against questionable patents and defending applications under opposition proceedings before the Indian Patent Office (IPO).

🕒 Pre-Grant Opposition 🛑

A Pre-Grant Opposition can be filed any time after the publication of a patent application but before the grant of the patent.
It can be filed by any person and typically includes objections based on lack of novelty or inventive step ❌💡, non-patentable subject matter 📛, insufficient disclosure or unclear claims 📄, and many other grounds on which a patent can be opposed.

✅ Post-Grant Opposition 🛑

A Post-Grant Opposition must be filed within 12 months from the date of patent grant and can only be filed by an interested person. It follows a more formal legal process and may result in the amendment or revocation of the granted patent.

Opposition grounds under Section 25(2) include: Prior publication or public use 📢📄, Obviousness or lack of inventive step 🔍, and many other grounds on which a patent can be opposed ⚠️.