Section 25 – THE PATENTS ACT, 1970

—(1) Where an application for a patent has been published but a
patent has not been granted, any person may, in writing, represent by way of opposition to
the Controller against the grant of patent on the ground—
(a) that the applicant for the patent or the person under or through whom he claims,
wrongfully obtained the invention or any part thereof from him or from a person under or
through whom he claims;
(b) that the invention so far as claimed in any claim of the complete specification has been
published before the priority date of the claim—
(i) in any specification filed in pursuance of an application for a patent made in India
on or after the 1st day of January, 1912; or
(ii) in India or elsewhere, in any other document:
Provided that the ground specified in sub-clause (ii) shall not be available
where such publication does not constitute an anticipation of the invention by
virtue of sub-section (2) or subsection (3) of section 29;
(c) that the invention so far as claimed in any claim of the complete specification is claimed in
a claim of a complete specification published on or after priority date of the applicant’s
claim and filed in pursuance of an application for a patent in India, being a claim of which
the priority date is earlier than that of the applicant’s claim;
(d) that the invention so far as claimed in any claim of the complete specification was publicly
known or publicly used in India before the priority date of that claim.
Explanation.—For the purposes of this clause, an invention relating to a process for
which a patent is claimed shall be deemed to have been publicly known or publicly used in
India before the priority date of the claim if a product made by that process had already
been imported into India before that date except where such importation has been for the
purpose of reasonable trial or experiment only;
(e) that the invention so far as claimed in any claim of the complete specification is obvious and
clearly does not involve any inventive step, having regard to the matter published as
THE PATENTS ACT, 1970
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mentioned in clause (b) or having regard to what was used in India before the priority
date of the applicant’s claim;
(f) that the subject of any claim of the complete specification is not an invention within the
meaning of this Act, or is not patentable under this Act;
(g) that the complete specification does not sufficiently and clearly describe the invention or
the method by which it is to be performed;
(h) that the applicant has failed to disclose to the Controller the information required by section
8 or has furnished the information which in any material particular was false to his
knowledge;
(i) that in the case of a convention application, the application was not made within twelve
months from the date of the first application for protection for the invention made in a
convention country by the applicant or a person from whom he derives title;
(j) that the complete specification does not disclose or wrongly mentions the source or
geographical origin of biological material used for the invention;
(k) that the invention so far as claimed in any claim of the complete specification is anticipated
having regard to the knowledge, oral or otherwise, available within any local or indigenous
community in India or elsewhere,
but on no other ground, and the Controller shall, if requested by such person for being heard,
hear him and dispose of such representation in such manner and within such period as may be
prescribed.
(2) At any time after the grant of patent but before the expiry of a period of one year from the
date of publication of grant of a patent, any person interested may give notice of opposition
to the Controller in the prescribed manner on any of the following grounds, namely:—
(a) that the patentee or the person under or through whom he claims, wrongfully
obtained the invention or any part thereof from him or from a person under or
through whom he claims;
(b) that the invention so far as claimed in any claim of the complete specification has
been published before the priority date of the claim—
(i) in any specification filed in pursuance of an application for a patent made in India
on or after the 1st day of January, 1912; or
(ii) in India or elsewhere, in any other document:
Provided that the ground specified in sub-clause (ii) shall not be available where
such publication does not constitute an anticipation of the invention by virtue of
sub-section (2) or sub-section (3) of section 29;
(c) that the invention so far as claimed in any claim of the complete specification is
claimed in a claim of a complete specification published on or after the priority date
of the claim of the patentee and filed in pursuance of an application for a patent in
India, being a claim of which the priority date is earlier than that of the claim of the
patentee;
(d) that the invention so far as claimed in any claim of the complete specification was
publicly known or publicly used in India before the priority date of that claim.
Explanation.—For the purposes of this clause, an invention relating to a process
for which a patent is granted shall be deemed to have been publicly known or
publicly used in India before the priority date of the claim if a product made by that
process had already been imported into India before that date except where such
importation has been for the purpose of reasonable trial or experiment only;
(e) that the invention so far as claimed in any claim of the complete specification is
obvious and clearly does not involve any inventive step, having regard to the matter
published as mentioned in clause (b) or having regard to what was used in India
before the priority date of the claim;
(f) that the subject of any claim of the complete specification is not an invention within
the meaning of this Act, or is not patentable under this Act;
(g) that the complete specification does not sufficiently and clearly describe the
invention or the method by which it is to be performed;
(h) that the patentee has failed to disclose to the Controller the information required by
section 8 or has furnished the information which in any material particular was false
to his knowledge;
(i) that in the case of a patent granted on a convention application, the application for
patent was not made within twelve months from the date of the first application for
protection for the invention made in a convention country or in India by the
patentee or a person from whom he derives title;
(j) that the complete specification does not disclose or wrongly mentions the source and
geographical origin of biological material used for the invention;
(k) that the invention so far as claimed in any claim of the complete specification was
anticipated having regard to the knowledge, oral or otherwise, available within any
local or indigenous community in India or elsewhere,
but on no other ground.
(3) (a) Where any such notice of opposition is duly given under sub- section (2), the Controller
shall notify the patentee.
(b) On receipt of such notice of opposition, the Controller shall, by order in writing,
constitute a Board to be known as the Opposition Board consisting of such officers as
he may determine and refer such notice of opposition along with the documents to
that Board for examination and submission of its recommendations to the Controller.
(c) Every Opposition Board constituted under clause (b) shall conduct the examination in
accordance with such procedure as may be prescribed.
(4) On receipt of the recommendation of the Opposition Board and after giving the patentee
and the opponent an opportunity of being heard, the Controller shall order either to
maintain or to amend or to revoke the patent.
(5) While passing an order under sub-section (4) in respect of the ground mentioned in clause
(d) or clause (e) of sub-section (2), the Controller shall not take into account any personal
document or secret trial or secret use.
(6) In case the Controller issues an order under sub-section (4) that the patent shall be
maintained subject to amendment of the specification or any other document, the patent
shall stand amended accordingly.