Patent opposition, if used appropriately, can act as an important tool to prevent the grant of frivolous patents. Although this goal can be achieved by way of revocation and other litigious options, opposition serves as a more cost-effective route. However, it brings to mind misuse of opposition to prevent the grant of even those patents that have great competitive value and to deliberately affect the businesses of competitors. Nevertheless, the opposition procedure has its own checks and balances to allay such fears.
Varun Sharma and Manish Aryan discuss about the Patent Opposition Process in India.
‘This article first appeared in India: Managing the IP Lifecycle 2020, a supplement to IAM and WTR, published by Law Business Research. To view the guide in full, please go to www.WorldTrademarkReview.com.’