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  • Prosecution and Opposition of Application

Can a patent application/ patent be challenged by a third party?

  • January 04
  • Date: January 4, 2017
    • 0
    • 3080

Can a patent application/ patent be challenged by a third party?

Yes, a patent application/ patent may be challenged by a third party. The provisions available for challenging a patent application/ patent have been summarized in the table below: No. Type of challenge Where When By whom 1. Pre-grant Representation Indian Patent Office Any time during pendency of a...
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  • January 04
  • Date: January 4, 2017
    • 0
    • 3223

Can a Controller’s decision refusing the grant of a patent passed in respect of an application be appealed/ challenged?

Yes, it is possible to appeal/ challenge a Controller’s decision refusing the grant of a patent. In this regard, following options are available to the applicant: The applicant may make an application to the Controller for the review of his decision. This application must be made within one month ...
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  • January 04
  • Date: January 4, 2017
    • 0
    • 3074

Is it possible to conduct a telephonic hearing with the Controller?

Yes, it is possible to have a telephonic hearing with the Controller. However, it is subject to discretion of the Controller. Also, the provision of video conferencing with the Controller has recently been introduced. This is expected to nullify the requirement of visiting the Indian Patent Office a...
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