Law Business Research

Can “Any Person” File a pre-Grant Opposition in India?

Indian patent law currently states that “any person” may file a pre-grant opposition against a patent application. The Bombay High Court case focuses on the interpretation of the phrase “any person”, and offers a perspective which will likely impact patent opposition proceedings going forward.

The law relating to pre-grant oppositions, as it stands today in Section 25(1), was introduced by the Patent (Amendment) Act 2005. Before this amendment, Section 25 allowed pre-grant opposition only by “any person interested” after a patent application was “accepted and published but not yet granted”. The 2005 amendment saw a massive overhaul in patent prosecution procedure, and an important change was on the law on pre-grants. Now, anyone can file an opposition, and no longer has to be a “person interested”. Section 2(1)(q) of the Act defines a “person interested” to include a person engaged in, or in promoting, research in the same field as that to which the invention relates. The phrase “any person” is not defined.

Source: Law Business Research

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