Post-Grant Opposition Petition — Draft Template

BEFORE THE CONTROLLER OF PATENTS
THE PATENT OFFICE, [Delhi / Mumbai / Chennai / Kolkata]

NOTICE OF POST-GRANT OPPOSITION
(Under Section 25(2) of the Patents Act, 1970 read with
 Rule 55A & Rule 57 of the Patents Rules, 2003 — Form 7)

In the matter of Patent No. [XXXXXX]
Granted to (Patentee)  : [Patentee Name & Address]
Title of Invention     : [Title]
Date of Grant          : [DD/MM/YYYY]
Date of Publication of
   Grant in Journal    : [DD/MM/YYYY]
Last Date to Oppose    : [DD/MM/YYYY]  (within 12 months of publication)

AND

In the matter of an opposition by:
Opponent (person interested) : [Opponent Name & Address]
Through Agent                : [Patent Agent Name], Reg. No. IN/PA-XXXX

To,
The Controller of Patents,
The Patent Office, [Branch].

Sir/Madam,

The Opponent, being a "person interested" within the meaning of
Section 2(1)(t) [being engaged in / having a manufacturing or research
interest in the same field], hereby gives notice of opposition under
Section 25(2) to the above patent and prays that it be REVOKED. The
grounds and written statement (with evidence) accompany this notice as
required by Rule 57.

WRITTEN STATEMENT — GROUNDS OF OPPOSITION (Section 25(2))
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Ground 1 — Wrongful obtaining [25(2)(a)]: The invention was obtained
   wrongfully from the Opponent [Annexure A].

Ground 2 — Anticipation by prior publication [25(2)(b)]: Claims [__] are
   anticipated by D1 [No./date/passages], published before the priority
   date — see feature map at Annexure B.

Ground 3 — Prior claiming / prior public knowledge or use in India
   [25(2)(c)/(d)]: Established by [Annexure C].

Ground 4 — Obviousness / lack of inventive step [25(2)(e)]: Claims [__]
   are obvious over D1 in combination with D2 / common general knowledge.

Ground 5 — Not an invention / non-patentable [25(2)(f) r/w Sec 3/4]:
   Falls under Section 3([d]/[k]/[i]/...).

Ground 6 — Insufficiency of description [25(2)(g)]: The complete
   specification does not sufficiently and fairly describe the invention or
   the method by which it is to be performed.

Ground 7 — Section 8 non-compliance [25(2)(h)]: Failure to disclose /
   false information regarding corresponding foreign applications.

Ground 8 — Convention/other defaults & non-disclosure of source of
   biological material or traditional knowledge [25(2)(i)-(k)].

EVIDENCE (Rule 57 — statement and evidence with the notice)
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Annexure A : [Documents on wrongful obtaining]
Annexure B : Claim-to-prior-art feature-mapping chart (claims vs D1/D2)
Annexure C : Affidavit(s) of prior use / expert affidavit
Annexure D : Certified copies of cited prior art D1, D2 ...

PROCEDURE NOTED
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The Opponent is aware that, on this notice, the Controller shall constitute
an Opposition Board under Section 25(3)/(4) which shall examine the
opposition and submit its recommendation, and that a hearing will be given
to both parties before decision.

PRAYER
--------------------------------------------------------------------
It is respectfully prayed that: (a) this opposition be admitted and notice
issued to the Patentee under Rule 57; (b) the matter be referred to an
Opposition Board; (c) after hearing, Patent No. [XXXXXX] be REVOKED, or in
the alternative the Patentee be directed to amend the specification under
Section 58; and (d) costs be awarded to the Opponent.

Enclosures:
  1. Form 7 (notice of opposition) with prescribed fee.
  2. Written statement and evidence (Annexures A–D).
  3. Authorisation of agent (Form 26).

                                        Yours faithfully,

                                        ____________________________
                                        [Opponent / Patent Agent Name]
                                        Reg. No. IN/PA-XXXX (if agent)
                                        For and on behalf of the Opponent
                                        Place: [City]   Date: [DD/MM/YYYY]