Patent Opposition in India

briefs I-Pro on the patent / application to be opposed (the application / patent number) and the grounds for opposition (typically: prior art anticipation, obviousness, s.3 exclusion, or wrongful obtainment).

conducts an **InPASS prior-art search** (and international + NPL search — see Service 4) to identify the closest prior-art references and assess novelty, inventive step, and s.3 compliance of the opposed patent.

(or an advocate) drafts the **Form 7-A** notice with paragraph-wise particulars for each ground under s.25(3); the opponent signs and provides the **interest** (especially for post-grant — must be a "person interested").

e-files Form 7-A on the CFS-Patents portal (for post-grant opposition: with the fee; for pre-grant: no fee); the Patent Office issues a **receipt number** and date of filing.

the Controller forwards the representation to the applicant; the applicant files a **reply statement on Form 13** within 1 month of the representation being forwarded; the Controller considers the representation and reply, and may hold a hearing at his discretion; the Controller either rejects the representation and proceeds to grant, or accepts the representation and refuses the application under s.15 (or grants with amendments under s.57 / s.59).

the Controller forwards the notice to the patentee; the patentee files a **reply statement on Form 13** within 2 months of the notice being forwarded (Rule 56(1)(b)); the patentee may file evidence in support of the reply (Form 13 with affidavits); the opponent may file a rejoinder within 1 month.

examines the notice, reply, and rejoinder; submits a **recommendation** to the Controller within 1 month of receipt of the patentee's reply statement (Rule 56(3)).

gives both parties a hearing opportunity under Rule 56(4); the Controller considers the Opposition Board's recommendation and the parties' submissions, and passes an **order under s.25(3)** (Rule 56(5)) — either (a) **uphold** the opposition and **revoke the patent** under s.25(3); (b) **maintain the patent with amendments** (limited to disclaimers or clarifications that do not extend the scope of the claims); or (c) **reject the opposition** and maintain the patent as granted.

under s.117A of the Patents Act 1970 — any aggrieved party may appeal to the High Court (commercial division where notified) within **3 months** of the Controller's order (post-grant opposition); the appeal is filed as a commercial suit under the Commercial Courts Act 2015 (the *Hoffmann-La Roche v. Cipla* (Delhi HC 2015) line of cases on post-grant opposition appeals). For pre-grant opposition: the appeal position is uncertain — historically, the Controller's decision to grant despite the representation was not directly appealable (since the representation is not a "proceeding" under s.117A); the 2005 amendment may have changed this — flagged for verification.

pre-grant opposition typically 6–18 months (no statutory SLA — depends on the Controller's schedule and the examination queue); post-grant opposition typically 12–24 months (the Opposition Board recommendation is targeted within 1 month, but the Controller's order often takes longer).