Third party observations and India’s pre-grant opposition

By Manoj K Singh, Singh & Associates, Advocates & Solicitors
0
2065

India provides that any person can represent by way of opposition to the Controller of Patents against the grant of a patent for any invention based on grounds as specified in section 25(1) of India’s Patents Act, 1970. If the representation is found to be valid, it may assist India’s patent office in its decision with regards to the patentability of an invention before a patent is granted, resulting in the grant of valid patents.

Manoj Singh
Manoj Singh

International applications

Earlier, in the international phase of an application under the Patent Cooperation Treaty (PCT), the only people involved were the applicant and the offices conducting various aspects of processing (receiving office, international bureau and international searching and preliminary examining authorities). Third parties got some information during the international phase but had had no opportunity to comment unless the application entered the national phase and as allowed by national laws.

The World Intellectual Property Organization (WIPO) later introduced the Third Party Observation Service, whereby third parties can make certain observations on an international application during the international phase if they believe that the claimed invention is either not new (lacks novelty) or is obvious (lacks inventive step).

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Manoj K Singh is the founding partner of Singh & Associates, a full-service international law firm with headquarters in New Delhi.

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