In such circumstances, there must be a system in place which allows third parties to oppose the grant of an invention. There may be certain cases where the person applying for a patent (the applicant) has wrongfully obtained another person’s invention, or the invention is obvious or is already publicly used in the territory. These rights are granted in exchange for a full disclosure of the technical ‘know how’ of the invention, so that others may learn from it and there is the encouragement of creativity and innovation in the society.ĭue to the monopoly nature of a patent, it is important to ensure that it is awarded only to those innovations which fulfill the criteria for a valid patent. The owner of the patent acquires monopoly rights and can prevent others from commercially exploiting the invention without his consent. The patent refers to the exclusive right which is granted to an inventor for inventing a new product or process, which offers a new method of doing something or provides a technical solution to a problem. Comparison and analysis of opposition procedure in India vs.Differences between pre-grant and post-grant opposition.
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