In a circumstance where an applicant has followed any unlawful practice to file or get the patent, there must be a way to stop them. There is a system in place which enables third parties to oppose the grant of an invention and that is comes in the form of “opposition proceedings”. The Intellectual Property laws are different for different territorial jurisdictions and each jurisdiction has laid down a procedure for invalidation of patents. Now, these method are ranging from costly and time-consuming litigation proceedings to a formal, administrative process of opposition.
WHAT IS THE DIFFERENCE BETWEEN PRE GRANT AND POST GRANT OPPOSITION?
1. PRE-GRANT OPPOSITION: When the opposition challenges against the pending application prior to the grant of a patent.
2. POST-GRANT OPPOSITION: Where the opposition challenges a patent that has already been granted on the base that the said granted patent is not valid.
ON WHAT GROUNDS , THE OPPOSITION FILES A CASE ?
1. Prior Publication (The said invention was published before the priority date was acquired)
2. Prior Claim (The said invention was already claimed in another patent application, whose priority date is earlier than that of the applicant)
3. Prior Knowledge or Use (The said invention is already being used by the public or is known to the public before the priority date was acquired)
4. Wrongful Obtainment (The said invention was obtained from the opposition in a wrongful or unlawful method)
5. Obviousness (The said invention is already known to the person skill in that field of work and is not new or shows no new inventive step).
6. The invention is Listed under “Non-Patentable subject matter).
7. False Disclosure (The applicant has filed wrong information which was critical to carry out the invention)
8. Non Disclosure (The applicant has not disclosed the required details as per the law).
9. The specification given in the subject patent has failed to disclose the origin or source of the biological material which was used in the invention or incorrect source has been mentioned.
10. If the conventional application was not filed within the specified period of 12 months from the date of the first patent application made in a conventional country.
11. If the Patent specification was not detailed or explained properly. These specifications are necessary to carry out the invention .
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