Relevance of Pre Grant Opposition under Indian Patent Law

Abstract

The opposition procedure in patent law is an important part of the system that enables parties to challenge the grant of a patent. As of now, patent applications are opposed prior to and subsequent to grant and procedure for the same is known as pre grant opposition and post grant opposition respectively. Member Countries of TRIPS, sooner or later, have adopted post grant unified system of opposition procedure as pre grant opposition leads to undue delay in grant of patent and has hit the main rationale behind incentive based patent system. The procedure during post grant procedure in various countries has been discussed at length to analyse similarities and differences. The paper underlines the position of Indian Pharmaceutical Industry in world market and economic growth rate maintained thereof. Time has come that India needs to adopt between the two, to ensure steady prosecution process and encourage research and development.