For any of the following cases Form 14 shall be filed by a person who opposes a decision through a,
- Notice of Opposition to Amendment
- Notice of Opposition to Restoration
- Notice of Opposition to Surrender of Patent.
- Notice of Opposition to Grant of Compulsory License or Revision of Terms
- Notice of Opposition to Correction of Clerical Errors.
Details to be entered in the Form 14, upon filing such application are;
- Name, Address and Nationality of the Applicant
- Type of Opposition (Amendment / Restoration / Surrender / Grant of Compulsory License / Revision of Terms / Correction of Clerical Errors)
- Patent No. / Patent Application No.
- Date of Patent Granted / Filed / Published
- Reason / Grounds on which the opposition is made
- Address for service in India
Reasons / Grounds on which such Opposition shall be filed:
Notice of Opposition to Amendment:
- After grant of a Patent if a patentee makes an amendment (change) to the Complete Specification or a document thereto and any person interested shall oppose the amendment made on reasonable grounds within the prescribed time.
Notice of Opposition to Restoration:
- Opposition on the restoration of a patent which was lapsed due to non-payment of renewal fee on the grounds that
- The failure to pay renewal fee was intentional by the applicant, or
- The application for renewal was unduly delayed,.
Notice of Opposition to Surrender of Patent:
- Any person interested in opposing the surrender of a patent by the applicant shall file such an application.
Notice of Opposition to Grant of Compulsory License or Revision of Terms:
- The Patentee or any person interested shall file an application opposing the Grant of Compulsory License or Revocation of a Patent within a prescribed time.
Notice of Opposition to Correction of Clerical Errors:
- When any clerical errors are corrected by the Controller upon application from the applicant of the Patent application or by the Patent Applicant itself; any person shall oppose such correction made on reasonable grounds.
For more details on placing such a notice, refer
- Section 57(4) – Amendment of application and Specification or any document related thereto before Controller.
- Section 61(1) – Procedure for disposal of applications for restoration of lapsed patents
- Section 63(3) – Surrender of Patents
- Section 78(5) – Power of Controller to Correct Clerical Errors Etc.,
- Section 87(2) – Procedure for dealing with applications under section 84 (Compulsory Licenses) and
- Section 85 – (Revocation of Patents by Controller for non-working.
- Rule 81(3)(b) – Amendment of Application, Specification or any document thereto.
- Rule 85(1) – Opposition to restoration under section 61
- Rule 87(2) – Surrender of Patents
- Rule 98(1) – Notice of Opposition under Section 87(2)
- Rule 101(3) or – Procedure to be followed in case of Applications under Section 88(4) [Power of Controller in Granting Compulsory Licenses]
- Rule 124 – Manner and time of Opposition to the making of Corrections.