Topic > Checking the validity of patents in India - 1561

India has good systems for checking the quality of patents. The validity of patents may be challenged under: Sec 25(1): Opposed before grant: Under this section a patent may be opposed by any person at any time after publication of the patent application but before its grant. The proceedings under pre-grant opposition are ex-parte. Sec 25(2): Post-grant opposition: In this section “any interested person” can oppose the patent within 1 year from the publication of the date of grant of the patent. The proceedings under opposition post opposition to grant is inter-partees Sec 64: Revocation of patent: In this section a patent can be revoked at any time during the life of a patent by an interested person. Both pre-grant and post-grant opposition provide pre-litigation mechanisms to challenge the validity of patents. They can be used to argue against unsubstantiated claims made by the patent owner without going to court or infringing the patent, both costly options. A person may also file a revocation petition with the Intellectual Property Appellate Board (IPAB). The revocation proceedings can take place at the appeal panel while the High Court will only hear the revocation proceedings when a counterclaim is made by the alleged infringer. 3.3 Appeal: in the case of post-concession oppositions, unlike pre-concession oppositions, the decision of the data controller can be appealed to the appeal commission. A patent invalidation claim is the most frequently used defense in patent infringement litigation. The existence of a valid patent is the basis for a patent infringement claim. In patent infringement disputes, the court will not directly deny the validity of a patent and will make a decision on patent infringement only after... middle of document... provisional specification in a treaty countryj) Incorrect mention of source/origin geographic location of the biological material If the invention uses biological material, such material will need to be filed with an International Filing Authority for completion of the application on or before the filing/priority date. Furthermore, the source and geographical origin of the biological material specified in the specification should also be indicated therein. The list of sequences is presented electronically and can also be numbered in the specification, if necessary, in the case of biotechnological inventions.k) Invention in advance of traditional knowledge of any community, anywhere in the world. The invention claimed in any claim of the full specification is not new to pre-existing knowledge, traditionally known to local communities in India.