Form 7 – To be submitted upon filing a Notice of Opposition on Grant of a Patent.
When any person or entity opposes a patent granted, he/she shall file a Form 7 with the details duly filled to the Controller stating the patent number and the reason for opposition, the norms are
- Form should be filed before one year from the date of publication of grant of the patent
The Form shall be filed with the following details:
- State, name, Address and Nationality of the Person (opposing person)
- Granted Patent No. opposed
- Date of Publication of the Patent
- Reason for opposition.
- Address for service of the Person in India.
Acceptable reason(s) or the grounds on which such an application shall be filed are;
- Wrongful obtaining.
- Known prior art.
- Another patent application on the same claims had got published before filing of this patent application.
- Invention is publicly known or used in India before filing
- Invention does not hold any inventive step
- Invention is not a patentable subject matter
- No clear description of the Invention
- False information provided in the description
- If the convention application was not made within 12 months from the date of the parent patent application filing and the same has been granted
- Material or geographical origin is not disclosed or wrongly disclosed
- Invention is a known knowledge within a local or indigenous community in India or elsewhere.
For all information in detail for filing a notice of opposition on grant of a patent, go through
- Section 25(3) – Opposition to the Patent,
- Rule 55(A) – Filing of Notice of Opposition.