Pre-grant Patent Opposition in India

In a recent article published on Lexology, attorneys Neha Ruhela and Malathi Lakshmikumaran shed light on a decision of the Indian Patents Office on the pre-grant opposition under Section 25(1) of the Patents Act, 1970. The said order was issued pursuant to the Delhi High Court ('High Court') remanding the matter to the Assistant Controller of Patents & Design (‘Controller’).

Pursuant to the direction of remand by the High Court, the Controller delivered a detailed and reasoned order in the said pre-grant opposition while examining submissions of the parties at some length on the grounds of inventive step, non-patentability, and sufficiency of disclosure.

The article also highlights the intervention of higher judicial forums in matters where quasi-judicial authorities have not dealt with a case in compliance with the principles of natural justice.