Learn how to handle pre-grant and post-grant patent oppositions in India—procedures, timelines, grounds, strategies, and tips for patentees, opponents, and startups.

What Is a Patent Opposition?

A patent opposition is a legal mechanism that allows a third party to challenge a patent application or a granted patent. It ensures only novel, inventive, and useful patents get protection.

In India, patent opposition serves as a quality check before and after the grant of a patent.

Handled well, opposition can protect your rights. Handled poorly, it can result in loss of your patent or infringement risks.

Types of Patent Oppositions in India

India’s Patents Act, 1970 provides two types of opposition:

Pre-Grant vs. Post-Grant Opposition – Key Differences

Grounds for Patent Opposition

Under both opposition types, the challenger can raise objections on the following grounds:

• Lack of novelty
• Obviousness/lack of inventive step
• Non-patentable subject matter
• Insufficient disclosure
• Wrongfully obtained
• Lack of utility
• Failure to disclose foreign filings (Form 3)
• False declaration or incomplete data

How to File a Patent Opposition (India)

Step-by-Step Procedure

For Pre-Grant Opposition

1. File a Representation with evidence & grounds (Form 7A, no fee required)

2. Send a copy to the applicant

3. Applicant may reply via written submissions

4. Controller evaluates and decides whether to:

• Reject the application

• Require amendments

• Proceed with grant

For Post-Grant Opposition

1. File a Notice of Opposition (Form 7)

2. Submit statement of opposition, facts, and evidence

3. Patentee replies within 2–3 months

4. Opposition Board is formed by IPO

5. Hearing before Controller

6. Final decision: Patent is maintained, amended, or revoked

How to Defend a Patent from Opposition

If your patent faces opposition:

1. Analyze the opposition grounds—are they technical or procedural?

2. Prepare counter-arguments and expert declarations

3. Amend claims if needed—to overcome objections

4. Highlight compliance with Indian patent law (e.g. full disclosure)

5. Present oral arguments effectively during hearings

A well-drafted patent + strong defense = high chance of survival

Consequences of Opposition

Strategy Tips for Startups & Businesses

• Always monitor patent journals for competitive filings

• File pre-grant oppositions to block risky patents early

• If facing an opposition, respond within statutory timelines

• Keep your Form 3 disclosures and data transparent and updated

• Partner with IP professionals for hearings and legal submissions

Conclusion: Master the Art of Patent Opposition Management

Patent oppositions are a double-edged sword—they can protect the market from weak patents or threaten your own innovation.

Whether you're filing or defending, handling oppositions well is key to building a strong, enforceable IP portfolio.

Startups, pharma, biotech, and tech companies should make opposition strategy part of their overall patent lifecycle planning.

Frequently Asked Questions (FAQs)

Q1. Can I oppose a patent after it is granted?
👉 Yes, through post-grant opposition within 12 months of grant.

Q2. Is pre-grant opposition public?
👉 Yes. The opponent's identity and content become part of public record.

Q3. What’s the cost of filing a post-grant opposition?
👉 As per current IPO fee: ₹2,400 for individuals/startups and ₹12,000 for large entities.

Q4. Can I amend my claims during opposition?
👉 Yes. Amendments can be submitted to overcome objections.

Q5. Can decisions be appealed?
👉 Yes. Decisions of the Controller can be challenged before the Intellectual Property Appellate Board (IPAB), now merged under High Courts