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Patent Systems Opposition in India to provide recommendations to enable ease of doing business



As a result of a bid to streamline the pre- or post-opposition proceedings for enabling ease of doing business, the Hidayatullah National Law University of Raipur, India presented a report on the Study of a Patent opposition System. As the Centre for Intellectual Property, Innovation and Technology of the HNLU Raipur has piloted a research project on the Study of Patent Opposition Systems in India, where a result has been provided on the basis of data collection along with a detailed analysis of the delays that occur at every stage of pre-grant and post-grant opposition proceedings in India. The main focus of the report had been on life sciences patent applications/patents in which the opposition proceedings have been continuing between July 2016-2017 to understand the recent trends in procedures followed by the Indian Patent Office.


As patent-prosecution in India follows a long-drawn process and the rate of disposal and period of dependency in India affects the rights of applicants that obstruct the ease for doing business priorities of investors. The report highlighted some recommendations that include allowing pre-grant opposition to be filed within a period of 6-12 months from the date of first issuance of the First Examination Report, immediate appointment of hearing upon receipt of a reply from the applicant, robust guidelines to ensure the efficient disposal of cases and clear guidelines to asses the opposition and notify the applicants among others.


 

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