ABSTRACT
The topic mainly deals with the following sections of the Patents Act, 1970: Section25(2)[1] which talks about Post-Grant Opposition, Section 64[2] which talks about Revocation, Pre-grant opposition given under Section 25(1)[3] and counterclaim for revocation.
In this paper, the focus will be on dealing with the difference between these four terms, what they mean and how they affect the process of registration of a patent, or any suit instituted for infringement of a patent. The paper will also deal with the question of which of these ways are available to parties in a patent infringement suit to challenge the validity of a patent and whether they are available simultaneously or not. The research will also be directed towards appeals in case of rejection of pre-grant or post-grant opposition application or revocation petition.
The aim of this research paper will be to clearly establish the current legal position in the above-mentioned scenario mainly with the help of case laws and judicial precedents in order to plainly establish the law.
In this paper, the research methodology involved is purely doctrinal and consists of the use of secondary sources of information including, but not limited to, Journals, Articles, Research Papers, Books, websites, case laws etc.
INTRODUCTION
When we talk about registration of a patent, there are two important concepts involved for opposing the registration i.e. pre-grant opposition and post grant opposition.
[1]The Patents Act 1970, s 25(2)
[2]The Patents Act 1970, s 64
[3]The Patents Act 1970, s 25(1)