In the vibrant world of innovation, patents are like a spark that fuels creativity, giving inventors exclusive rights to their groundbreaking ideas. But sometimes, a patent slips through the cracks even if it does not meet the legal mark. When that happens, Indian patent law offers clear ways to challenge these patents, ensuring fairness for everyone. This article breaks down those options in a simple, relatable way, so innovators, businesses, and curious minds can confidently navigate their choices.
Understanding the Basics
A patent gives the inventor a 20-year VIP pass to control it. If they continue to pay the renewal fees, they can prevent others from making, using, or selling their invention without their consent. However, the issuance of a patent does not guarantee its validity. Errors can occur, and a patent may not be worthy of that protection. A patent can be challenged after it has been granted using the procedures outlined in the Indian Patents Act, 1970. This guarantees that only novel, inventive, and patentable subject matter is granted.
What Happens After a Patent Is Granted?
Once a patent is granted, the patentee gets the legal right to control their invention. This means they are the only ones who can make it, use it, or sell it, usually for up to 20 years. If someone else wants to use it, they will need the patentee’s permission.
Having a patent can help you earn money from your idea. You can use it yourself, sell it, or let others use it in exchange for a royalty. At the same time, when you applied for the patent, you had to explain how your invention works. So, even though you get special rights for a while, the knowledge behind your invention is shared with the public.
It is a trade-off: you get time to benefit from your invention, and in return, your idea can help others learn and build new things in the future.
Challenging a Granted Patent: What You Need to Know
Imagine you come across a new product/process/method on the market and realize, “Wait, this is something I’ve been working on for years!” You dig deeper and find out that someone else has already been granted a patent for it. Your first thought? Is it too late to do anything now?
Not necessarily
Even after a patent is granted, it can still be challenged.
When Can a Patent Be Challenged?
A patent can be challenged at two key stages. The first is right after it’s granted, through a process called post-grant opposition under Section 25(2) of the Indian Patents Act. In India, any interested person can file a post-grant opposition within 12 months from the date of publication of the grant of the patent.
The second stage is anytime during the life of the patent, through a process known as Revocation of Patent under Section 64 of the Indian Patent Act. This can happen either before the patent office or in court, often during infringement disputes. In India, revocation matters were earlier handled by the IPAB, but now fall under the jurisdiction of the courts and the patent office.
Who Can Challenge a Patent?
Under Section 25(2) of the Indian Patents Act, any “person interested” can challenge a granted patent by filing a post-grant opposition within the prescribed time as mentioned in the Indian Patent Act 1970. This includes competitors, researchers, startups, or even public-spirited individuals, essentially anyone who is affected by or has a stake in the patented technology. As long as the opposition is based on proper legal grounds and is supported by credible evidence, the challenge is valid in the eyes of the law.
Legal Grounds for Challenging a Patent
Under the Indian Patent Act of 1970, a granted patent may be contested on a number of grounds. These include, among other things, non-patentable subject matter, wrongful obtainment, inadequate disclosure, lack of novelty, obviousness (lack of inventive step), and non-compliance with formal requirements. The Indian Patents Act 1970’s Section 25(2) establishes the parameters for post-grant opposition, and Section 64 allows for patent revocation, either before the Controller of Patents in specific situations or through the High Court’s Intellectual Property Division (IPD).
For instance, a patent may be deemed invalid if it was issued for an invention that was known to be obvious to a person skilled in the art or that had already been disclosed in the prior art. Similarly, the patent is susceptible to dispute if the patent specification is vague about how the invention operates or if it does not reveal the applicant’s preferred method of carrying out the invention.
Post-Grant Opposition – Section 25(2)
Post-grant opposition is a legal remedy available under Indian patent law that allows any person interested to question the validity of a granted patent. This option must be exercised within one year from the date the patent grant is officially published. The law provides a detailed list of grounds for such opposition under Section 25(2)(a) to (k) of the Patents Act, 1970. These grounds range from prior public knowledge or use of the invention in India before the patent’s priority date, to lack of inventive step, or even instances where the patent may have been wrongfully obtained.
The process starts with filing a formal Notice of Opposition, which must be supported by a written statement and relevant evidence. Once submitted, the patentee is given an opportunity to respond with a counterstatement. A hearing may follow, after which the matter is reviewed by an Opposition Board consisting of three members. Based on their findings and recommendations, the Controller of Patents makes the final decision.
This mechanism is a cost-effective and administrative alternative to litigation and is increasingly being used by industry players to challenge questionable patents.
Revocation of Patent – Section 64
If the one-year window for post-grant opposition has passed, the next available option is to seek revocation of the patent. As per Section 64 of the Patents Act, a patent can be revoked by any interested person, the Central Government, or as a counterclaim in a patent infringement lawsuit.
Revocation petitions are usually filed before the High Court, in specific scenarios, before the Controller of Patents. The grounds for revocation are much the same as those for opposition, such as prior public use, obviousness, lack of proper disclosure, or wrongful obtaining of the patent.
While revocation is typically more complex and challenging than opposition, it provides a powerful and thorough way to challenge patents that may be wrongly granted or block fair business practices.
Why Challenging a Patent Matters?
Patents are powerful tools. However, they should not serve as barriers to innovation or means to monopolize technology that does not truly meet the legal thresholds. The ability to challenge a patent ensures that the public is not deprived of access to knowledge or fair competition. In sectors like pharmaceuticals, telecom, manufacturing, and software, challenging undeserved patents can play a critical role in ensuring affordable access, promoting local innovation, and keeping markets open.
Moreover, businesses need to be proactive in monitoring patent activity in their sector. A wrongly granted patent can not only affect market entry but may also lead to legal complications and damages. Therefore, timely action, either through opposition or revocation, is essential to safeguard business interests.
Conclusion
The patent system is meant to encourage real innovation, not to create unfair roadblocks. Thankfully, the law gives us ways to question and challenge patents that should not have been granted in the first place. Whether you are an inventor, a business owner, or just someone invested in fair competition, knowing how and when to act can make a big difference.
If you come across a patent that seems to be blocking your work or harming the public interest, do not ignore it. Getting the right advice and taking timely action can help protect not just your business, but also the bigger picture of innovation and progress.
In a system built to reward true innovation, standing up against an undeserving patent is not just a legal right; it is a step toward protecting creativity, encouraging fairness, and shaping a future where innovation thrives for all.