India’s patent prosecution problems explained

Peter Ollier, New Delhi


Patent practitioners revealed a series of issues with India’s complex prosecution system at Managing IP’s India IP and Innovation Forum last week

Concern focused on two main problems – having to deal with multiple oppositions and the inadequacies of the Intellectual Property Appellate Board (IPAB), which deals with appeals from decisions by the Controller of Patents

India's patent system is unique in allowing both pre- and post-grant opposition to applications. Pre-grant oppositions can be filed after publication but before grant by any person and no fee is charged. Post-grant oppositions can be filed within a year of publication of the grant and cost only Rs1,500 to Rs6,000 ($30 to $120).

Ritushka Negi, a partner of Remfry & Sagar, said that this system is...



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