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

Zenith Agro Pvt Ltd's patent application for a drought-resistant seed treatment was published on 1 March, and no patent has yet been granted. Kaveri Seeds, a competitor, wishes to oppose. Under the Patents Act, 1970, at which stage and in what form may Kaveri Seeds make its representation?

Kaveri Seeds may file a written representation by way of opposition to the Controller, because the application is published and no patent has been granted. Section 25(1) permits any person to do so at this pre-grant stage, while the one-year notice route applies only after grant.

  1. AIn writing to the Controller by way of opposition, since the application is published but no patent has been grantedCorrect
  2. BBy giving notice of opposition within one year of publication of grant, since pre-grant opposition does not exist
  3. COnly through a suit before the High Court, as the Controller cannot hear pre-grant representations
  4. DOnly after the patent is sealed, by petition to the Opposition Board

Explanation

Section 25(1) allows any person, where an application has been published but a patent not granted, to represent in writing by way of opposition to the Controller. The one-year notice route in option 2 applies only after grant. The Opposition Board is constituted only for post-grant notices.

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