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Pre-Grant Opposition - Coggle Diagram
Pre-Grant Opposition
Grounds of Opposition
d. Prior use or public knowledge in India
e. non-obviousness or lack of inventive step
c. Prior claim in a concurrent application
b. Prior publication
f. non patentable invention
a. Obtaining Wrongfully
g. insufficient description
h. non-disclosure of foreign filing information
i.exceeded 12 months in filing convention application
l. incorrect mention geographical origin of biological material
k. Traditional knowledge
After publication but before grant
Patent will not granted till 6 months from the date of publication
If pre-grant opposition not successful it will be returned by the controller
Opponent can go for post grant opposition
Controller check for the prima facie by the opponent as per amendment of 2024 to Patent Rules
NO
opponent has not requested for any opportunity to be heard, the controller will have to notify the opponent and pass an order recording the grounds for refusal of the representation within one month from the date of such notification.
the opponent has requested for an opportunity to be heard, the controller shall provide an opportunity of hearing to the opponent and pass an order within one month from the date of hearing recording his reasons for refusal or prima facie acceptance of the representation and notifying the Applicant accordingly.
Yes
Controller will check RFE
within one month of receiving the representation, pass an order recording his reasons and notify the applicant accordingly.
If opposition has merit then application would be rejected or amended
The applicant has to reply to the notice of controller with in three months from the date of receiving the copy of notice from the controller
Documents are taken into consideration
Speaking order by controller
FORM 7A SECTION 25(1) RULE 55
4000 INR FEE
Only e-filing no physical filing