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

Viewed 725 Times

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:


Type of challenge



By whom


Pre-grant Representation

Indian Patent Office

Any time during pendency of application after publication

Any person


Post-grant Opposition

Indian Patent Office

Within one year of date of publication of grant of patent

Any person interested


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

Was this answer helpful ? Yes / No