What are the grounds and procedure to register a 'Patent' under the law relating to Patents in India? Once a patent is granted can it be challenged further ? State your answer with reasons and relevant provisions.

Grounds to Register a 'Patent' under the Patents Act, 1970: For an invention to be patentable in India, it must satisfy the following three conditions cumulatively: Novelty: An invention is considered novel if it does not form part of the 'prior art'. 'Prior art' means everything that has been published, presented, or otherwise disclosed to the public anywhere in the world before the date of filing the patent application. An invention is not novel if it has been anticipated by: Publication before the date of filing the application in any specification filed in India on or after January 1, 1912. Publication made before the date of filing the application in any documents in any country. Being claimed in any other complete specification filed in India before the application but published after it. Knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere. (Refer to Section 13 read with Sections 29 to 34 of the Patents Act). Inventive Step (Non-obviousness): An invention involves an inventive step if it entails technical advancement as compared to existing knowledge or has economic significance, or both, and makes the invention non-obvious to a person skilled in the art. The term 'obvious' means something that does not go beyond the normal progress of technology but merely follows plainly or logically from the prior art. (Refer to Section 2(1)(ja) of the Patents Act). Industrial Applicability (Utility): An invention is capable of industrial application if it can be made or used in at least one field of activity, and can be reproduced with the same characteristics as many times as necessary. It must be useful for the purpose indicated by the applicant. (Refer to Section 2(1)(ac) of the Patents Act). Additionally, the invention must not fall under the categories of non-patentable inventions listed in Section 3 and 4 of the Patents Act. Procedure to Register a Patent in India: The general procedure for patent registration involves several steps: Drafting Patent Application: This involves preparing the complete specification, including claims, description, abstract, and drawings. Filing the Patent Application: The application is filed with the Indian Patent Office. Publication of Patent Application: The application is usually published after 18 months from the date of filing or priority date, whichever is earlier. Examination of Patent Application: A request for examination must be filed. An examiner conducts a search and issues a First Examination Report (FER) with objections. The applicant must respond to these objections within the prescribed time. Grant of Patent: If all requirements of the Patents Act are met and objections are satisfactorily addressed, the patent is granted and published in the Patent Journal. Can a Patent be Challenged Further Once Granted? Yes, absolutely. Once a patent is granted, it can be challenged further. The grant of a patent does not guarantee its validity, and it can be challenged through various mechanisms: 1. Revocation Proceedings: Grounds: Under Section 64 of the Patents Act, a granted patent can be revoked on several grounds, including lack of novelty, inventive step, industrial applicability, or if the invention falls under non-patentable subject matter (Section 3). Who can apply: Any person interested or the Central Government can file a petition for revocation before the High Court or the Intellectual Property Appellate Board (IPAB) (now High Court after IPAB abolition). Timeframe: Revocation proceedings can be initiated at any time after the grant of the patent. 2. Counter-claim in Infringement Suit: When a patentee files a suit for infringement, the defendant can raise a counter-claim for revocation of the patent as a defense. This is a common way for a granted patent to be challenged. 3. Post-Grant Opposition: Although the question refers to challenging a *granted* patent, it's important to note that even after publication of grant, any person interested can file an opposition to the patent within 12 months from the date of publication of grant (Section 25(2)). While this is technically an opposition *after* grant, it's a direct challenge to the validity of the granted patent. Reasons and Provisions: The law allows for challenges to a granted patent because: Validity is not guaranteed by grant: The grant of a patent is an administrative act. Its validity can only be conclusively determined by a court or tribunal after a full legal challenge. Public Interest: Allowing challenges ensures that only truly novel, inventive, and useful inventions are protected, preventing unwarranted monopolies and promoting fair competition. New Evidence: New prior art or other grounds for invalidity might emerge after the patent is granted, which were not available or considered during the examination phase. In the case narrative, BB, the defendant, contests the suit by questioning the validity of patent IN 161, invoking section 107(1) read with clauses (a), (d), (e), (f), (j), (k), and (m) of section 64 of the Patents Act. This clearly demonstrates that a granted patent can indeed be challenged further on various grounds, and such a challenge is a legitimate defense in an infringement suit.