Section 25 of the Patent Act, 1970 allows the interested person to give notice of opposition to the controller within certain period after grant of patent. Discuss the grounds on which a patent can be opposed under the A

CS Executive · Economic and Commercial Laws · PYQS · June 2021
Section 25 of the Patent Act, 1970 allows the interested person to give notice of opposition to the controller within certain period after grant of patent. Discuss the grounds on which a patent can be opposed under the Act.

Answer & Explanation:

Following are the grounds on which Patent can be opposed: that the patentee or the person under or through whom he claims, wrongfully obtained the invention or any part thereof from him or from a person under or through whom he claims; that the invention so far as claimed in any claim of the complete specification has been published before the priority date of the claim in any specification filed in pursuance of an application for a patent made in India on or after the 1st day of January, 1912; or in India or elsewhere, in any other document; that the invention so far as claimed in any claim of the complete specification is claimed in a claim of a complete specification published on or after the priority date of the claim of the patentee and filed in pursuance of an application for a patent in India, being a claim of which the priority date is earlier than that of the claim of the patentee; that the invention so far as claimed in any claim of the complete specification was publicly known or publicly used in India before the priority date of that claim; that the invention so far as claimed in any claim of the complete specification is obvious and clearly does not involve any inventive step, having regard to the matter published as mentioned in point (b) above or having regard to what was used in India before the priority date of the claim; that the subject of any claim of the complete specification is not an invention within the meaning of this Act, or is not patentable under this Act; that the complete specification does not sufficiently and clearly describe the invention or the method by which it is to be performed; that the patentee has failed to disclose to the Controller the information required by section 8 of the Patents Act or has furnished the information which in any material particular was false to his knowledge; that in the case of a patent granted on convention application, the application for patent was not made within twelve months from the date of the first application for protection for the invention made in a convention country or in India by the patentee or a person from whom he derives title; that the complete specification does not disclose or wrongly mentions the source and geographical origin of biological material used for the invention; that the invention so far as claimed in any claim of the complete specification was anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere.

Topics: Patent Act, 1970

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