what is the difference between pre-grant and post grant opposition ?

Let us first understand what is an opposition of patent . Assume you have filed for patent for an invention and somebody thinks that that this invention should not be granted patent, he can the file an opposition relating to that invention in front of controller of patent in india.  The opposition According to indian patent act can be filed only in prescribed manner as mentioned in patent act and rules . Now you might be wondering what does the “prescribed manner ” mean? “prescribed manner mean ts that the opposition should be file only with proper form , proper fees and through proper channel . Here let me discuss the proper form , proper fees and proper channel.

  • “Proper form”- The application for opposition should be made in FORM 7.
  • “Proper Fee” – Rs 1500 for single applicant and Rs. 6000 for other than natural person(group or trust or company).
  • “Proper channel ” – Proper channel is the office of controller of patents .

There are basically two types of opposition one can file

  1. Pre Grant opposition.
  2. Post grant opposition.

Any opposition filed before the grant of patent and after the publication of patent is called  pre grant opposition.

An opposition filed after the grant of patent is called post grant opposition.

Now i think you must be wondering who can file for an Opposition. As per in the act pre grant opposition can be filed by any person including the government or person authorized by government. The pre grant opposition can be filed any time after publication of application and before grant of patent . Whereas a post grant opposition can be filed only by the interested person ( any person doing research in the same field or is connected to the patent in one or the other way. the post grant can only be filed before 12 months of publication of grant of patent. Image 


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