Form 14 – Notice of Opposition to Amendment/Restoration/Surrender of Patent/Grant of Compulsory License or Revision of terms thereof or to Correction of Clerical Errors.

For any of the following cases Form 14 shall be filed by a person who opposes a decision through a,

  1. Notice of Opposition to Amendment
  2. Notice of Opposition to Restoration
  3. Notice of Opposition to Surrender of Patent.
  4. Notice of Opposition to Grant of Compulsory License or Revision of Terms
  5. Notice of Opposition to Correction of Clerical Errors.

Details to be entered in the Form 14, upon filing such application are;

  1. Name, Address and Nationality of the Applicant
  2. Type of Opposition (Amendment / Restoration / Surrender / Grant of Compulsory License / Revision of Terms / Correction of Clerical Errors)
  3. Patent No. / Patent Application No.
  4. Date of Patent Granted / Filed  / Published
  5. Reason / Grounds on which the opposition is made
  6. 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.

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