Friday, August 08, 2008


This is further to the news item which appeared in the “The Hindu Business Line.” The non-uniformity in the practice being adopted by each patent office with regard to pre-grant opposition procedures is no more a worry for the opponents representing NGOs, Health care groups, industry, competitors, researchers and other stakeholders. As a result of the proposal made by FICCI-DIPP Consultative Working Group, the Controller General of Patents has issued administrative instructions to all patent offices in India to furnish a copy of the applicant’s reply to the opponent if he has made the request and has paid prescribed fee. This Order of the Controller General is timely and has come as a great sigh of relief for the stakeholders who were so far staggering under the weight of non-uniform practices. The problem underlying the procedural aspect are the uneven practices being followed by the officials at each patent office with regard to providing to the opponent an access to the patent applicant’s reply contesting pre-grant opposition. The reason behind this non-uniformity across and within the patent offices is that the Indian Patents Act is completely silent about this issue. FICCI and DIPP are working synergistically in bringing more consistency in the procedures being followed by the officials of patent office. For any further clarification on this matter you may contact Sheetal Chopra, Senior Assistant Director, FICCI-IPR Division at, 011-23766930.

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