The document discusses opposition boards and the process for pre-grant and post-grant patent opposition in India. An opposition board is constituted by the Controller to examine a notice of opposition filed by an opponent. The board consists of three members including a chairman and examines statements, documents and evidence submitted by both parties. It then submits a report with its joint recommendation to the Controller. For pre-grant opposition, any person can file against the grant of a patent before it is granted. For post-grant opposition, an interested person can file within 12 months of a patent being granted. Both allow oppositions on grounds such as lack of novelty or inventive step.

1. Type to enter a caption.
Patent Opposition
Opposition Board
Means an Opposition Board constituted under
sub - section (3) of section 25.
Constitution of Opposition Board
‣ After receipt of a notice of opposition, an
Opposition Board is constituted by the
Controller, by order, to examine such
notice including all documents filed under
rule 57-60 in connection with the opposition
by the opponent as well as patentee.
‣ The Opposition Board consists of three
members with one of them as Chairman.
‣ Examiner can be a member of the
opposition board, but the examiner who
was involved in the prosecution and
grant of the patent cannot be a member.
‣ The Board shall submit the report with
reasons on each ground taken in the notice
of opposition, after examining the notice
along with all statements, documents and
evidence submitted by the parties as a joint
recommendation within three months
from the date on which all such
documents were forwarded to them.
‣ A copy of the recommendation of
opposition board is provided to the
parties by the Controller along with the
hearing notice.
‣ Rule 56- Constitution of Opposition Board
and its proceeding

2. Type to enter a caption.
Pre Grant Opposition
Section
Section 25(1) of the Patent Act, 1970
Rules
Section 55 and 56-63
Who can file?
‣ Any Person may file a Pre-Grant opposition by way
of representation to the Controller in Form 7A
against the grant of Patent.
‣ The representation shall include a statement and
evidence, if any, in support of such representation
and a request for hearing, if so desired.
‣ The Controller shall consider such representation
only when a request for examination of the
application has been filed.
When?
‣ It can be filed anytime after the publication of the patent
application but before the grant of patent.
Note : No patent is not granted before the expiry of six
months from the date of publication.
Fee
‣ No Fee
Grounds
‣ Invention obtained wrongfully.
‣ The invention claimed in complete specification has
been published before the priority date in India or
elsewhere in any document.
‣ The invention claimed in complete specification has
been published on or after the priority date of the
application filed in India.
‣ The invention claimed was publicly known or publicly
used in India before the priority date. The invention
claimed was publicly known or publicly used in India
before the priority date.
‣ The invention claimed is obvious and does not involve
inventive step.
‣ The subject of any claim is not an invention or is not
Patentable under the Act.

3. Type to enter a caption.
Post Grant
Opposition
Section
Section 25(2) of the Patent Act, 1970
Rules
Section 55A and 56-63
Who can file?
‣ Any Interested Person may file a Post Grant
opposition by notice of opposition against the
grant of Patent in Form 7.
‣ The opponent shall, along with the notice of
opposition, send a written statement setting out the
nature of opponent's interest, the facts upon which
he bases his case and relief which he seeks and
evidence, if any.
When?
‣ It can be filed anytime within 12 months after the grant of
patent.
Fee
‣ Depends on nature of interested person
Grounds
‣ Invention obtained wrongfully.
‣ The invention claimed in complete specification has
been published before the priority date in India or
elsewhere in any document.
‣ The invention claimed in complete specification has
been published on or after the priority date of the
application filed in India.
‣ The invention claimed was publicly known or publicly
used in India before the priority date. The invention
claimed was publicly known or publicly used in India
before the priority date.
‣ The invention claimed is obvious and does not involve
inventive step.
‣ The subject of any claim is not an invention or is not
Patentable under the Act.