A patent is a territorial right which excludes others from making, using, selling or manufacturing. A patent get published after eighteen months from the filing or priority date.
Any person can file an opposition within six months from the patent publication based on the prescribed grounds which is called pre-grant opposition. After patent is granted, within a year a person interested can file opposition based on prescribed grounds called post grant opposition. If a person has missed these two chances, he has other option to challenge a patent at any time of patent by revocation of patents under section 64 Indian patent Act.
Patent can be revoked anytime during the life of patent by any person interested. Revocation of patents may be brought up in two ways.
1. One is the Intellectual Property Appellate Board where a revocation petition can be filed by any person interested or by the Central … Read More