• Date: January 4, 2017

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

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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 application after publication

Any person

2.

Post-grant Opposition

Indian Patent Office

Within one year of date of publication of grant of patent

Any person interested

3.

Revocation proceedings

Intellectual Property Appellate Board(IPAB)

Any time after the grant of the patent

Any person interested

Note: Section 2(1)(t) of the Patents Act defines “person interested” as including a person engaged in, or in promoting, research in the same filed as that to which the invention relates

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