Patent FAQs
How did the 2024 rules change pre-grant opposition?
Three changes of practical significance took effect on 15 March 2024:
An official fee is now payable. Pre-grant opposition was previously free. The fee is INR 4,000 for a natural person, startup, small entity or educational institution, and INR 20,000 for others.
A maintainability filter has been introduced. Under the amended Rule 55(3), the Controller must first consider whether a prima facie case is made out before notifying the applicant at all. If no prima facie case is made out, the Controller notifies the opponent and passes an order recording reasons for refusal within one month. The opponent may request a hearing before that order is passed, in which case the order follows within one month of the hearing.
Timelines have tightened. Where the representation is found maintainable, the application is taken up under the expedited examination procedure in Rule 24C. The applicant's reply statement and evidence are due within two months of notice, reduced from three.
Taken together, these changes raise the threshold for serial and tactical pre-grant filings, which were a recognised source of delay.
General information on Indian law, not legal advice. For advice on your situation, contact the firm.
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