Pre-Grant Opposition Petition -- Draft Template

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

REPRESENTATION FOR PRE-GRANT OPPOSITION
(Under Section 25(1) of the Patents Act, 1970 read with
 Rule 55 of the Patents Rules, 2003 — Form 7A)

In the matter of Patent Application No. [XXXXXXXXX]/[YYYY]
Filed by (Applicant)   : [Applicant Name]
Title of Invention     : [Title]
Date of Publication    : [DD/MM/YYYY] (u/s 11A)

AND

In the matter of a representation by:
Opponent               : [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 / any person, hereby files this
representation by way of pre-grant opposition under Section 25(1) against
the grant of a patent on the above application, and requests that it be
refused. The grounds and supporting facts are set out below.

STATEMENT OF GROUNDS (Section 25(1))
--------------------------------------------------------------------
Ground 1 — Wrongful obtaining [Section 25(1)(a)]:
   The invention was wrongfully obtained from the Opponent, as shown by
   [facts / prior disclosure at Annexure A].

Ground 2 — Anticipation by prior publication [Section 25(1)(b)]:
   Claims [__] are anticipated by D1 [Publication/Patent No., date,
   relevant passages] published before the priority date. D1 discloses
   every feature of claim [__] as tabulated at Annexure B (feature map).

Ground 3 — Anticipation by prior claiming / prior use [25(1)(c)/(d)]:
   The subject-matter was publicly known/used in India before the priority
   date, as evidenced by [Annexure C].

Ground 4 — Obviousness / lack of inventive step [Section 25(1)(e)]:
   Claims [__] are obvious over D1 in view of D2/common general knowledge;
   the alleged advance is a routine workshop modification.

Ground 5 — Not an invention / non-patentable [Section 25(1)(f) r/w
   Section 3/4]:
   The claimed subject-matter falls under Section 3([d]/[k]/[i]/...) and is
   therefore not patentable.

Ground 6 — Insufficiency [Section 25(1)(g)]:
   The specification does not sufficiently and clearly describe the
   invention or the method of performing it.

Ground 7 — Non-disclosure / wrong info u/s 8 [Section 25(1)(h)]:
   The Applicant failed to disclose / furnished false information regarding
   foreign filings under Section 8.

Ground 8 — Convention/time defaults / geographical origin [25(1)(i)-(k)]:
   [State any applicable ground — e.g. non-disclosure of source/origin of
   biological material, or traditional knowledge under Section 25(1)(k).]

EVIDENCE RELIED UPON
--------------------------------------------------------------------
Annexure A : [Prior disclosure/communication]
Annexure B : Claim-to-prior-art feature-mapping chart (claim vs D1)
Annexure C : [Affidavit of prior use / expert affidavit]
Annexure D : Copies of cited prior-art documents D1, D2 ...

REQUEST FOR HEARING
--------------------------------------------------------------------
The Opponent requests an opportunity of being heard under Rule 55(6)
before any decision is taken.

PRAYER
--------------------------------------------------------------------
In view of the above, it is respectfully prayed that this representation be
allowed, the objections be communicated to the Applicant under Rule 55(3),
and the grant of the patent on the said application be REFUSED / the
Applicant be directed to amend the claims. Costs of these proceedings may
kindly be awarded to the Opponent.

Enclosures:
  1. Form 7A (representation for opposition).
  2. Statement and evidence (Annexures A–D).
  3. Authorisation of agent (Form 26), if filed through an agent.

                                        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]