Pre-grant opposition
Topic: International Trade Policy, WTO and Intellectual Property · NCERT: Beyond NCERT
Meaning
Pre-grant opposition lets any person challenge a patent application before the patent is granted, under Section 25(1) of India's Patents Act. Weak patents can be stopped early, before a monopoly raises prices. It is seen as an important public-health safeguard in Indian patent law.
Example
A patient group or a generic drug maker can oppose a drug patent application. They might argue that it claims a new form of a known medicine without enhanced therapeutic efficacy, which Section 3(d) does not allow. If the objection succeeds, the patent is refused and generics can stay on the market.
Don't confuse with
- Post-grant opposition (Section 25(2)): this is a challenge made after a patent is granted, within 1 year of the grant.
Related concepts
- Intellectual property rights
- TRIPS
- Patent
- Evergreening of patents
- Compulsory licensing
- Parallel import
- Data exclusivity
- TRIPS-plus provisions
- Patent pool
- Patent thicket