SciTech Patent Art offers comprehensive support for both pre- and post-grant patent oppositions, combining technical depth and legal insight. Our team conducts meticulous prior art analysis, crafts persuasive arguments, and ensures compliance with procedural requirements. Clients trust us for our domain expertise and strategic approach that helps safeguard innovation and challenge questionable patents. We also support through hearings and written submissions, ensuring a well-rounded opposition strategy.
Pre-Grant Opposition
Pre-grant oppositions are a proactive mechanism to prevent the grant of patents that lack novelty, inventive step, or industrial applicability.
Our Support Includes:
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In-depth analysis of the patent application
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Identification of prior art and other disqualifying evidence
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Preparation of strong technical and legal arguments
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Drafting and filing the opposition in compliance with patent office procedures
Purpose:
To prevent the issuance of undeserving patents that may hinder innovation, limit fair competition, or create unjustified monopolies.
Types of Supporting Evidence:
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Prior Art showing lack of novelty or obviousness
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Technical Arguments challenging the sufficiency of disclosure or scope of claims
Post-Grant Opposition
Post-grant opposition is an essential tool for reassessing the validity of a granted patent and ensuring compliance with patentability norms.
Our Support Includes:
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Preparation of a detailed Written Statement of Opposition
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Gathering supporting documentation and prior art evidence
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Strategic review and rebuttal of patent holder responses
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Representation in hearings, if required
Purpose:
To ensure that only patents that fully satisfy the legal and technical standards remain enforceable, correcting any oversight in the original examination process.
Key Steps in India:
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Draft & File Opposition: Prepare and file the written opposition with supporting documents within 12 months of patent grant.
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Submission & Acknowledgment: File using prescribed forms and obtain confirmation from the patent office.
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Patent Holder’s Response: The patentee is invited to submit a reply within a stipulated time.
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Review Process: Patent Office examines submissions from both sides, including expert affidavits.
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Hearing & Decision: If required, present oral arguments during the hearing. The Patent Office will then issue a final decision revoking, amending, or upholding the patent.
