Pre-Grant Oppositions in Patent Act 1970 (India)

• Pre-grand opposition is executed u/s 25 (1) before the grant of patent. Any interested person, in writing, could apply to controller of patent on basis of grounds mentioned u/s25(1).
  
• This procedure is to prevent:
  a) Wrongfully obtaining patent protection
  b) when Worngful Prior publication / priority date claimed
  c) when claimed invention already published before the priority date
  d) when claimed invention is Prior public knowledge or public use in India
  e) when it is Obvious and lack of inventive step
  f) when the invention is not patentable u/s 3
  g) when Insufficient description in complete specification
  h) when applicant failure to disclose information or furnishing false information relatingto foreign filing
  i) when the Convention application not filed within the prescribed time (12 months fromfirst filing date)
  j) when Incorrect mentioning of source/geographical origin of biological material used ininvetion
  k) when it is anticipated with regard to traditional knowledge of anycommunity , anywhere in the world
  
• Application could be filed with proper evidences and statement
  
• Controller shall only consider the any such request when the applicant make request to examine the application u/s 11B. Section 11B talks about request to examine the application,No application will be examined unless untill applicant make request within 48 months fromfiling date/priority date whichever is ealier.
• After consider this statement filed by interested person, if the controller is of opinion that the application shall be refused or the amendment in the application, a notice will besent to applicant with copy of the statement.
  
• Applicant could give reply with proper evidences, if he desires, within three months from the date of notice.
  
• The Controller shall consider the statement and evidence filed by the applicant and may either refuse the grant of patent or ask for amendment of the complete specification to his satisfaction before the grant of patent.After considering the representation and submission made during the hearing,if so requested, the Controller shall proceed further simultaneously, either rejecting the representation and granting the patent or accepting therepresentation and refusing the grant, ordinarily within one month from the completion of the above proceedings.

Ref: http://ipindia.nic.in/ipr/patent/DraftPatent_Manual_2008.pdf