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CS Professional · Intellectual Property Rights - Law and Practice · Patent Documentation, Examination and Infringement

A patent was granted to Rohan Textiles and its grant was published on 10 January 2026. On 15 November 2026, Meera Dyes, a person interested, gives notice of opposition to the Controller. Is the notice within the time permitted under the Patents Act, 1970?

Yes, the notice is in time. Section 25(2) permits a person interested to give notice of opposition after grant but before expiry of one year from the date of publication of grant. Publication was 10 January 2026, so a notice on 15 November 2026 falls within that year.

  1. ANo, because post-grant opposition is allowed only within six months of publication of grant
  2. BYes, because it is given after grant but before expiry of one year from the date of publication of grantCorrect
  3. CNo, because opposition can be made only before the patent is granted
  4. DYes, but only if the Controller extends the period by order

Explanation

Section 25(2) allows a person interested to give notice of opposition at any time after grant but before one year from publication of grant. 15 November 2026 falls within one year of 10 January 2026. Option 1 states a wrong period.

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