The principle of novelty in patent law is a cornerstone in determining whether an invention qualifies for patent protection. A fundamental requirement for patentability, novelty ensures that the invention is genuinely ne

Under the Patents Act, 1970, the provisions regarding 'Opposition proceedings to Grant of Patents' are contained in Chapter V, containing Sections 25 to 28. Under the Act there are two types of opposition proceedings: Representation by any person in writing by way of opposition under various grounds stated in section 25(1), and by notice of opposition by any person interested, in the prescribed form on any of the grounds enumerated under section 25(2). The Opposition by representative is required to be decided by the Controller after a hearing while the regular Opposition by any person interested is to be examined by the 'Opposition Board' constituted by the Controller from the staff of the Patent office. The Opposition Board will submit its recommendation to the Controller. The procedure for the first type is contained in Rules 55(1) to (6). The procedure for Opposition by a person interested is contained in Rules 55A to 70. Representation in writing by any person by way of Opposition [Section 25(1) and Rule 55].- This Opposition can be made only against an application for Patent which has been published, but patent is not granted yet. The representation should be filed in the appropriate office within three months from the date of publication of the application or before the grant of patent whichever is later and should include a statement and evidence, if any, in support of the representation and a request for a hearing, if so desired. Procedure on notice of Opposition under section 25(3) and Rule 55A to 70.- This Opposition can be filed at any time after the grant of Patent but before the expiry of one year from the date of publication of grant. The person filing the notice of opposition must be a person interested. The notice of Opposition is to be given in Form 7 and sent to the Controller in duplicate at the appropriate office. On receipt of the notice of Opposition the Controller will notify the Patentee. He will then constitute an 'Opposition Board' consisting of three officers (see Rule 56) and refer such notice of Opposition along with the documents to that Board for examination and submission of its recommendations to the Controller. The opponent should send a Written Statement in duplicate setting out the nature of the opponent's interest, the facts upon which he bases his case and the relief which he seeks and evidence, if any, along with the notice of Opposition and should deliver to the Patentee a copy of the statement and evidence, if any. Although a Patentee has the exclusive right of making, using or selling the invention, the validity of the Patent is not guaranteed by the Government, as is made clear in the form of the grant itself, and in section 13(4) of the Act. This is a basic principle of Patent law accepted in all the Patent Acts in India as well as in England. The reason is not far to seek. A Patent is a kind of limited monopoly granted to the true and first inventor as a reward for the creation of something new and useful which might ultimately benefit the public. Questions whether the Patentee is the true and first inventor, whether what he has claimed as an inventor is really new, or merely what is already known dressed up on a new form, whether he has disclosed the invention completely so that a person skilled in the art could use the invention after the expiry of the term without employing further inventive skill, are all questions which can seldom be finally determined at the application stage by the Patent office. The public should therefore be given an opportunity to challenge the validity of the grant if the Patent does not fulfil any of the conditions laid down under the Act for the grant of monopoly.