Section 25 Patents Act 1970 deals with 'opposition to grant of patent'. Pre-grant opposition under Section 25(1) may be filed:
Answer & Solution
Correct answer: A.
1. Section 25(1) Patents Act 1970: 'Where an application for a patent has been published but a patent has not been granted, any person may, in writing, represent by way of opposition to the Controller against the grant of patent on the grounds [listed in clauses (a) to (k)]'.
2. The pre-grant opposition is free (no fees) and any person may file it.
3. Grounds include: wrongful obtaining; prior publication; prior claim; prior public knowledge or use; obviousness; not invention per Sections 3-4; insufficient description; non-disclosure or wrong disclosure of source of biological material; etc.
4. Section 25(2) provides for POST-GRANT opposition within 12 months of grant by any person interested.
5. Hence option A is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Patents Act 1970, Section 25(1)_
Related questions
Section 31C Copyright Act 1957 (inserted 2012) is a STATUTORY LICENCE for COVER VERSIONS oSection 47 Trade Marks Act 1999 allows REMOVAL OF A TRADE MARK FROM REGISTER for NON-USE. In INDIAN COMPUTER NETWORK STATE (Microsoft Corp v Mr Yogesh Papat & Anr, 2005 PTC 245 (DeSection 70 Copyright Act 1957 deals with DELIVERY OF INFRINGING COPIES to the copyright owSection 159 Trade Marks Act 1999 enables the Central Government to issue NOTIFICATION DESISection 47 Patents Act 1970 (CONDITIONS OF GRANT) allows USE for purposes of:Section 14(b) Copyright Act 1957 confers on the owner of copyright in a COMPUTER PROGRAMMESection 31D Copyright Act 1957 (inserted 2012) is a STATUTORY LICENCE for BROADCASTING of