What is a Opposition Board?

Opposition Board means a board constituted under sub-section (3) of section 25.

Sub-section (3) of Section 25 states that

(a) Where any such notice of opposition is duly given under sub-section (2), the Controller shall notify the patentee.

(b) On receipt of such notice of opposition, the Controller shall, by order in writing, constitute a Board to be known as the Opposition Board consisting of such officers as he may determine and refer such notice of opposition along with the documents to that Board for examination and submission of its recommendations to the Controller.

(c) Every Opposition Board constituted under clause (b) shall conduct the examination in accordance with such procedure as may be prescribed.

Rule 56– Constitution of Opposition Board and its proceeding

Constitution of Opposition Board

  • After receipt of a notice of opposition, an Opposition Board is constituted by the Controller, by order, to examine such notice including all documents filed under rule 57-60 in connection with the opposition by the opponent as well as patentee.
  • The Opposition Board consists of three members with one of them as Chairman.
  • Examiner can be a member of the opposition board, but the examiner who was involved in the prosecution and grant of the patent cannot be a member.
  • The Board shall submit the report with reasons on each ground taken in the notice of opposition, after examining the notice along with all statements, documents and evidence submitted by the parties as a joint recommendation within three months from the date on which all such documents were forwarded to them.
  • A copy of the recommendation of opposition board is provided to the parties by the Controller along with the hearing notice.

There are two types of Patent Opposition :

  1. Pre Grant Opposition

  2. Post Grant Opposition

Know In Detail about Pre Grant Opposition and Post Grant Opposition.

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