Section 25(2) Patents Act 1970 deals with POST-GRANT OPPOSITION — opposition after grant. The time limit is:
A12 months from the date of publication of grant of patent
B3 months from the date of grant, no extension permissible
C5 years from the date of grant, in any case whatsoever
Dperpetual — opposition may be filed at any time after the grant
Answer & Solution
Correct answer: A. 12 months from the date of publication of grant of patent
1. Section 25(2) Patents Act 1970: 'At any time after the grant of patent but before the expiry of a period of ONE YEAR from the date of publication of grant of a patent, any person interested may give notice of opposition to the Controller in the prescribed manner on any of the grounds mentioned in sub-section (2).'
2. Note: 'person interested' is defined in Section 2(1)(t) — includes a person engaged in / promoting research in same field as that to which the invention relates.
3. The grounds are similar to Section 25(1) — wrongful obtaining, prior publication, prior claim, etc.
4. Hence option B is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Patents Act 1970, Section 25(2)_
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