Patent FAQs
How long does a post-grant opposition take, and what changed?
The notice of opposition is filed within twelve months of publication of grant. The Controller then constitutes an Opposition Board, which examines the opposition and submits a recommendation. Under the amended Rule 56(4), that recommendation is now due within two months rather than three. The Controller then hears the parties and decides.
Overall duration remains materially longer than the rule-based timelines suggest, and depends on the office concerned, the volume of evidence and any interlocutory applications.
General information on Indian law, not legal advice. For advice on your situation, contact the firm.
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