AJ Patents

Patent Opposition 🛡️📝

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).

1. Pre-Grant Opposition
A Pre-Grant Opposition can be filed anytime after publication but before grant of a patent.
It can be initiated by any person and typically challenges an application on grounds such as:

Lack of Novelty or Inventive Step – Not new or obvious over prior art.
Non-Patentable Subject Matter – Falling outside eligible categories.
Insufficient Disclosure / Unclear Claims – The specification does not enable the invention properly.

2. Post-Grant Opposition
A Post-Grant Opposition must be filed within 12 months from the date of grant.
It can only be filed by an interested person and involves a more formal legal process.

Grounds under Section 25(2) include:

Prior Publication / Public Use – Already known or used before filing.
Obviousness / Lack of Inventive Step – Merely an incremental advance.
Other Legal Grounds – Such as wrongful obtaining, insufficiency, or fraud.

🎯 Outcome: Opposition before the IPO may result in refusal, amendment, or revocation of a patent—ensuring only deserving inventions receive protection.

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