Patent Opposition in India: Pre-Grant and Post-Grant
Patent opposition is how you stop a patent being granted, or challenge one already granted, at the Indian Patent Office. Before grant, any person can file. After grant, the window is one year from publication of the grant. We also help applicants and patentees defend.
What it is
Patent opposition is a challenge to a patent application or a granted patent, decided by the Controller at the Patent Office. Section 25 of the Patents Act 1970 has two tracks. Pre-grant opposition under section 25(1) is filed after the application is published and before the patent is granted. Post-grant opposition under section 25(2) is filed within one year from the date of publication of the grant.
The grounds include wrongful obtaining of the invention, prior publication, prior claiming, public knowledge or use in India, lack of inventive step, non-patentable subject matter, insufficient disclosure and non-disclosure of foreign filing details or of the source of biological material. We prepare the papers and the evidence bundle. A registered patent agent or practising advocate signs and appears where the Patent Office or a court needs one.
Who it applies to
Competitors worried about a rival patent
A Faridabad manufacturer sees a rival’s application published for a process it has used for years. A pre-grant opposition can stop the grant before it hurts.
Applicants and patentees under attack
You received a Form 7A or Form 7 copy. We study the grounds, gather your evidence and help prepare a reply for your patent agent or advocate to file.
Researchers, NGOs and public-interest groups
Section 25(1) allows any person to file a representation, so you need not run a business or hold a stake to oppose.
Why it matters
It is cheaper than a court case
Form 7A carries no government fee, and pre-grant proceedings do not involve an Opposition Board.
You use prior art you may already hold
Brochures, earlier patents, journal papers and old sales records can be strong evidence of lack of novelty or inventive step.
The outcome can be decisive
A successful opposition can lead to refusal, amendment of claims or revocation of the patent, so the commercial effect is often large.
Documents required
About the patent or application
- Application or patent number and publication details
- Published specification and claims
- Date of grant publication, for post-grant
About your evidence
- Prior-art documents with dates
- Affidavits on prior use, if any
- Technical explanation of why the claims lack novelty or inventive step
About you
- Identity and address of the opponent
- Power of attorney in Form 26 for the agent
- Statement of your interest, for post-grant
How it works
Read the claims and the file
We read the specification, the claims and the prosecution file. We list the possible grounds, then rank them by strength.
Gather dated evidence
We search for prior art and gather dated proof. Every document is checked for its publication date, because that date decides whether it counts.
Draft and file the opposition
We draft Form 7A with the statement and evidence for pre-grant, or Form 7 for post-grant, and file on the e-filing portal with a registered patent agent or advocate.
Track every hearing and reply
We coordinate replies, evidence and hearing dates with your agent or advocate and keep you informed through the Controller’s decision.
Timelines
Pre-grant window
After publication of the application and before the patent is granted. There is no fixed outer date, so act early.
Post-grant window
One year from the date of publication of the grant, under section 25(2). The date is strict, so plan well ahead of it.
After the decision
An order of the Controller can be appealed to the High Court, since the appellate board was abolished by the Tribunals Reforms Act 2021.
Pre-grant and post-grant opposition side by side
The two routes differ in who can file and when.
| Pre-grant (s.25(1)) | Post-grant (s.25(2)) | |
|---|---|---|
| Form | 7A | 7 |
| Who can file | Any person | Any person interested |
| When | After publication, before grant | Within one year of publication of grant |
| Government fee | None | Yes, by applicant category |
| Opposition Board | No | Yes, three members |
In practice, pre-grant is the cheaper way to stop a patent early. Post-grant is the fallback if you learned about the patent late. Say a Delhi exporter notices a granted patent six months after publication: the post-grant route is still open, but the clock is running.
What happens if you miss the window
Pre-grant door closes at grant
Once the patent is granted, a section 25(1) representation is no longer available. You are left with the post-grant route.
Post-grant door closes after one year
After one year from publication of grant, you cannot file a section 25(2) opposition. Whether other remedies remain open is a question for your advocate.
A defender’s reply is overlooked
If you are the patentee or applicant and you ignore the proceedings, the Controller may decide against you on the evidence on record.
Frequently asked questions
What is the difference between pre-grant and post-grant opposition?
Pre-grant opposition under section 25(1) is filed on Form 7A after publication and before grant, and any person can file it. Post-grant opposition under section 25(2) is filed on Form 7 within one year of publication of grant, by a person interested. Post-grant proceedings also involve an Opposition Board. We help you choose the route that fits your timing.
Who can file a pre-grant opposition?
Any person can file a representation under section 25(1) after the application is published and before the patent is granted. You need not be a competitor or hold a business stake. The representation must state the grounds and ideally attach evidence. We prepare it, and a registered patent agent or advocate files it where required.
What is the deadline for post-grant opposition?
The notice must be filed within one year from the date of publication of the grant of the patent. The date is strict, so do not leave it to the last month. Gathering prior art takes time. If the window is near, send us the patent number now.
Is there a government fee?
Form 7A for pre-grant opposition carries no fee. For post-grant Form 7, the e-filing fee is ₹2,400 for a natural person or startup and ₹12,000 for a large entity, per the fee schedule, with a slightly higher fee on paper. We confirm the exact amount for you before filing.
What grounds can I rely on?
Section 25 lists grounds such as wrongful obtaining, prior publication, prior claiming, public knowledge or use in India, obviousness, non-patentable subject matter, insufficient description, and non-disclosure of foreign filing details or source of biological material. We match your evidence to the strongest grounds rather than citing all of them.
Can a patent be revoked through opposition?
Yes. After a post-grant opposition, the Controller can maintain the patent, order amendment of the specification or revoke it. In pre-grant, the Controller can refuse the application or allow it with amended claims. We explain the realistic outcomes at the start, so you can judge the effort against the commercial gain.
How can I defend an application that has been opposed?
Study the grounds, gather evidence to answer each one and file a reply in the time the Rules allow. Amending the claims is sometimes the practical answer. We prepare the reply and evidence bundle, and your patent agent or advocate files and appears at the hearing. Missing a reply date can hurt your case badly.
Can I appeal if I lose the opposition?
Yes. An order of the Controller can be challenged before the High Court, because the appellate board was abolished in 2021 and its work moved to the High Courts. An advocate handles the appeal. We prepare the record, coordinate the documents and make sure every date is tracked so no step is missed.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
For orientation: Form 7A (pre-grant) has no government fee. For Form 7 (post-grant), the e-filing fee is ₹2,400 for a natural person or startup and ₹12,000 for a large entity.
Ready to begin?
Send us the patent or application number and we will tell you which route is open and how strong the grounds look.