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End-to-end certification and regulatory compliance for Indian and global markets.

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Get your products BIS certified to ensure compliance with Indian standards and build customer trust. We handle end-to-end certification, testing, and documentation for manufacturers,importers, and exporters.
Our expert guidance and support help you stay compliant and gain a competitive edge in the market — your satisfaction is our commitment
Our team simplifies the application process and provides tailored support to meet your EPR compliance requirements effectively.
Our expert guidance and complete support help you achieve LMPC Certification smoothly, giving your business a competitive edge and long-term credibility.
Our comprehensive support ensures smooth WPC compliance and gives your business a competitive edge while prioritizing your long-term success.
Global Approvals help your products meet international regulatory standards, allowing smooth entry into multiple global markets.
Our expert guidance and end-to-end support help you achieve TEC certification smoothly while gaining a competitive edge in the market.
With 25+ years of experience, we help you meet ARAI compliance smoothly and gain a competitive edge in the automotive market.
Struggling to secure BEE Certification in India? Our specialists make the process easy and help you boost customer trust through verified energy ratings.
ISO Certification guarantees your business meets global standards for quality, safety and efficiency.
Flying without proper registration or clearance can lead to fines, drone seizure, and legal action, making regulatory compliance essential for safe and lawful drone operations.
Our expert guidance ensures your steel imports meet Ministry of Steel and BIS standards, helping you stay compliant and streamline the approval process.
How to apply for BIS Certification in 5 Mins!

Apart from product certification, BIS is responsible for framing Indian Standards, conducting laboratory testing, and ensuring consumer protection.

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How to apply for ISI Certification in 5 Mins!

Some items must be certified before they get released mysteriously made for select goods like cables, switches, cement, gas cylinders, etc.

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CRS Certification- A Complete Guide for Electronic Product Compliance in India

It ensures electronic products conform to Indian Standards (IS).Covers 70+ products including laptops, phones, adapters, TVs, and batteries.

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Hallmarking Certification- Everything You Must Know About Gold and Silver Purity Compliance

Hallmarking Certification is mandatory in India for gold and silver jewellery.The BIS 916 Hallmark confirms 22K gold purity.Silver Hallmarking is compulsory for certain grades like BIS 925.

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FMCS Mark Certification- A Guide for Global Brands Selling in India

FMCS Mark Certification is a BIS-led approval process that enables foreign manufacturers to sell regulated products in the Indian market.

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ECO Mark Certification : Your Complete Guide to Global Eco-Labeling Standards

It helps manufacturers build trust and create a compliance framework. It also markets to eco-conscious consumers.This guide will detail eligibility, provide information on the application procedure, and outline benefits of certification to ISO 14024.

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Finding Laboratory Accreditation Tough? We Make It Simple!

It is governed by NABL under the Quality Council of India (QCI).Accreditation enhances trust among regulators, industries, and global partners.

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World Manufacturer Identity (WMI) Registration

The World Manufacturer Identity (WMI) is a globally recognized code used to identify vehicle manufacturers. WMI registration ensures traceability, compliance, and global brand recognition for automotive makers.

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BIS Scheme X Certification - Process, Documentation and Fees Structure- Updated Guide 2025-2026

Stay ahead of regulatory changes with BIS Scheme X Certification. Now extended to September 1, 2026, under the omnibus technical regulation order 2024. Get complete certification support from Diligence Certification.

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Get your CDSCO registration
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Get full assistance for CDSCO registration, medical device import licenses, and cosmetic import licenses with Diligence Certifications. Our expert guidance and comprehensive support ensure your compliance, helping you gain a competitive edge in the market. Your satisfaction is our commitment!

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Drug License

Diligence Certifications is a top-tier name in drug licensing and provides topmost service and knowledge support to all sizes of pharmaceutical companies. Our seasoned team understands the global regulations and has seen several success stories.

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Give Your Products cosmetic license

Having trouble securing Cosmetic License certification in India? Let our ISI certification experts assist you in achieving it and boosting your credibility!

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Give Your Medical device Registration

Get expert guidance on Medical Device Registration in India. Learn CDSCO approval process, documents, fees & compliance for manufacturers and importers.

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Obtain Your CPCB Certification Effortlessly………

Secure your CPCB Certification with ease and align your business with environmental regulations and sustainable practices. Our expert team streamlines the application process, offering tailored guidance to meet your unique EPR compliance requirements.

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Get battery waste Compliance Certification for Your Products

Need assistance in Battery Waste Certification? Our experts guide you through every step to ensure smooth and compliant processing.

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EPR Registration for E-Waste Certification

E-waste has become one of the most serious problems of the modern world, as technology is changing very fast. Discarded electronics items such as smartphones and refrigerators contain very toxic elements hazardous to human health and the environment if not treated properly.

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EPR for Tyre Waste – Tyre Waste Management Guide

Tyre wastage is an increasing global problem. It threatens to engulf the world in a sea of rubber with disastrous consequences for the environment and human health.

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Get Plastic waste Compliance Certification for Your Products

Diligence Certifications help businesses go a long way in environmental compliance matters through their management of plastic waste compliance. It rallies your commitment to reducing environmental impacts, increasing your recycling, driving circular economies and, hence, building credibility with consumers as citizens of a wider world contending against plastic pollution with angels and regulators.

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EPR Registration for USED OIL in India

Having trouble in getting EPR registration for your oil products in India? Let the experts do it for you and give credence to your products!

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Get No Objection Certificate for Your Business

The No-Objection Certificate has special relevance for a business; from needing it while applying for a loan, selling property, or for an application to pursue higher education, there are multiple situations where one has to face the need for an NOC.

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Get Your LMPC Certification!

Get Full Assistance for Model Approval for Indian W&M Instruments and Importer Registration for Weight and Measurement Instruments with Diligence Certifications. We prioritize your success by providing expert guidance and comprehensive support for all your LMPC Certification needs, helping you gain a competitive edge in the market. Your satisfaction is our commitment, and we work tirelessly to ensure it, now and in the future.

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Get Your LMPC Certification for Packaged Commodities

The Diligence Certifications for Packaged Commodities Certification ensures the product conformity with the regulatory requirements. It assesses your product labeling, weight, and quality for compliance with legal requirements and gives transparency and consumer trust. This certification is an instrument of defense against wrong packaging for business and consumers alike and shows your commitment toward fair trading practices and market integrity.

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Get Your LMPC Import License Certification!

Diligence Certifications offers provision of LMPC Import License Certification under Legal Metrology Packaged Commodities rules with respect to process of importation of goods into India for compliance. Our proficiency ensures that your labeling and packaging for products meet the requirements for easy clearance of goods through customs. It certifies approval from the regulators, having legal backing and gaining confidence of consumers and authorities.

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Legal Metrology Certification for Weights and Measures

The legal metrology certification is gaining importance in today’s ever-changing context of business with emphasis on fair trade and consumer protection. There is a fresh perspective on maintaining the true measurement and weighing-related activities on account of the fact that with almost every passing day, market growth and transaction complications are assuming greater magnitude.

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Get Your LMPC Manufacturer Registration

The company is authorized to undertake the LMPC Manufacturer Registration if it manufactures weights and measures within India. This registration under the Legal Metrology Act guarantees fair and correct transaction laws for business and trade activities through LMPC certificate registration. Let us demystify all the information you would require below.

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Get Your WPC Approval!

Get Full Assistance for Non-Network License, Network License, and Equipment Type Approval with Diligence Certifications. We prioritize your success by providing expert guidance and comprehensive support for all your WPC Approval needs, helping you gain a competitive edge in the market. Your satisfaction is our commitment, and we work tirelessly to ensure it, now and in the future.

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Get Your WPC Import License Certification!

The Diligence Certifications grant a fast track to the acquisition of WPC Import License, making the imports of communication devices 100% compliant with WPC Certification. Based on our experience and expertise, we ready you for the licensing processes in such a way that your product conforms with all technical standards and is safely usable within India. The certification would guarantee acceptance by regulators, therefore cultivating such trust with the authorities and end users.

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DPL/NDPL Certification: Ensuring Safety and Compliance for Your Wireless Products

Today-connected world, indeed, keeps the promise of wireless devices. Today manufactured devices include laptops, smartphones, portable WiFi hotspots, WiFi extenders, and smart home appliances. However, with this pressing usage, there is a huge demand for safety and performance requirements.

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Equipment Type Approval (ETA) for Wireless Devices in India

In this hyper-connected age, wireless access points, portable Wi-Fi routers, and other radio frequency (RF) devices are indispensable. When any of these products are manufactured, imported, or sold in India, the knowledge of and acquiring Equipment Type Approval (ETA) becomes imperative; that’s how Diligence Certifications will help you obtain your WPC Certification more conveniently.

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Get Your RoHS Certification!

In today’s world with increasing environmental consciousness, it is vital to dispose of equipment properly after the intended lifetime. Targeting hazardous e-waste is one of the vital roles played by RoHS; elaborately explaining RoHS certification itself, RoHS objectives, substances involved, certification processes, and applicability in curbing environmental contamination.

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Get Your UL Certification

Diligence Certifications provides UL (Underwriters Laboratories) Certification services to ensure your products comply with rigorous safety and performance standards. Our skilled team supports you throughout the certification process, ensuring full adherence to UL requirements. Achieving UL certification with us boosts your product’s credibility, fosters consumer confidence, and highlights your dedication to safety and quality in the market.

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Give Your Products KC Certification

KC Certification is a major mandatory condition for many products that are developed to reach Korea’s genuine profitable consuming market. KC Certification is otherwise known as KC Registration or simply the Korean Certificate, and denotes compliance with Korean safety standards and regulations.

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Give Your Products FCC Certification

Struggling with FCC certification in India? Our expert team at Diligence Certifications can help you navigate the process effortlessly, ensuring your electronic devices meet all compliance standards. Boost your credibility and market access with FCC certification today!

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Give Your Products CE Certification

Among these is the CE Marking, which is especially pertinent to manufacturers who are considering selling their products in the European Economic Area (EEA).

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CB Certification—Your Gateway to Global Product Compliance

CB stands for Certification Bodies Scheme.An international system operated by IECEE (IEC System for Conformity Testing and Certification of Electrotechnical Equipment and Components).Facilitates mutual recognition of test results among participating countries.Enables global market access for electrical and electronic products.Reduces the need for multiple testing and certification in different countries.

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SAFTA Certificate: A Complete Compliance Guide for Indian Exporters

The SAFTA certificate online enables reduced customs duties under the SAARC trade agreement.Businesses can apply for a SAFTA certificate digitally through authorised agencies in India.This document is vital for proving origin and unlocking tariff benefits.

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MSDS Certificate for Hazardous Chemicals and Hazardous Products

You can apply online for your MSDS Certificate in India through many trusted compliance and safety services.This documentation allows the company to maintain regulatory safety and hazard management which also protects the world you operate in.

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SASO Certificate Of Conformity For Export to Saudi Arabia

SALEEM / SABER system is the online conformity platform linking exporters, certification bodies, and customs.Two stages: Product CoC (PCoC, valid one year) and Shipment CoC (SCoC, per consignment).

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Get UKCA Certification in India | Expert UKCA Marking Guide

It replaces the CE marking post-Brexit and is mandatory for most regulated products.Indian manufacturers exporting to the UK need UKCA marking to stay compliant.

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Get Your TEC Approval!

Get Full Assistance for TEC Type Approval, TEC Interface Approval, TEC Certification Approval and TEC Approval of Technology with Diligence Certifications. We prioritize your success by providing expert guidance and comprehensive support for all your TEC Approval needs, helping you gain a competitive edge in the telecommunications market. Your satisfaction is our commitment, and we are dedicated to ensuring it now and in the future.

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Get ARAI Vehicle Certification!

Get full assistance for ARAI Vehicle Certification for vehicles, engines, and components with Diligence Certifications. With over 25 years of experience, we prioritize your success in gaining a competitive edge in the automotive market. Trust our expert guidance for all your ARAI certification needs.

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Give Your Products BEE Star Rating Certification

Having trouble securing BEE Star Rating Certification in India? Let our ISI certification experts assist you in achieving it and boosting your credibility!

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Get ISO Certification for Your Business – Ensure Quality and Global Compliance

It is critical to understand how to get ISO Certification for audit and compliance purposes.Read on to learn step-by-step how to get ISO certified in India with expert assistance.

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Get ISO Certification for Your Business – Ensure Quality and Global Compliance

It is critical to understand how to get ISO Certification for audit and compliance purposes.Read on to learn step-by-step how to get ISO certified in India with expert assistance.

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Get ISO Certification for Your Business – Ensure Quality and Global Compliance

It is critical to understand how to get ISO Certification for audit and compliance purposes.Read on to learn step-by-step how to get ISO certified in India with expert assistance.

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Get ISO Certification for Your Business – Ensure Quality and Global Compliance

It is critical to understand how to get ISO Certification for audit and compliance purposes.Read on to learn step-by-step how to get ISO certified in India with expert assistance.

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Get ISO Certification for Your Business – Ensure Quality and Global Compliance

It is critical to understand how to get ISO Certification for audit and compliance purposes.Read on to learn step-by-step how to get ISO certified in India with expert assistance.

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Get ISO Certification for Your Business – Ensure Quality and Global Compliance

It is critical to understand how to get ISO Certification for audit and compliance purposes.Read on to learn step-by-step how to get ISO certified in India with expert assistance.

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Get ISO Certification for Your Business – Ensure Quality and Global Compliance

It is critical to understand how to get ISO Certification for audit and compliance purposes.Read on to learn step-by-step how to get ISO certified in India with expert assistance.

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Get Your Drone Registered in India—Effortlessly and Compliantly

Drones above nano size must be registered on Digital Sky and obtain a UIN, Type Certificate, remote-pilot certificate (for commercial use), and insurance—while adhering to airspace rules and NPNT protocol.

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Obtain Your No Objection Certificate (NOC) for Steel Importers with Ease

Importing steel into India? Get your No Objection Certificate (NOC) under the Steel Quality Control Order (QCO) without delays or compliance risks. Diligence Certifications offers complete support for steel importers—ensuring your products meet Ministry of Steel and BIS regulations, and helping you avoid customs issues, rejections, or penalties. Stay legally compliant, save time, and streamline your steel import process with our expert certification services.

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End-to-end certification and regulatory compliance for Indian and global markets.

Register your business with ease and stay compliant with Indian regulations. We take care of end-to-end documentation, approvals, and legal formalities for startups, MSMEs, and enterprises.
Getting your business Public Limited Company Registration

In addition, you will be briefed on how Limited Liability Incorporation protects you and how Diligence Certifications may assist one in navigating the certification process.

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One-Person Company: Your Business, Your Control, with Limited Liability Protection!

Diligence Certifications streamlines the One-Person Company (OPC Registration in India) registration process, ensuring compliance with all.

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Get Your Business Legally Recognized with LLP Registration.

Starting a Limited Liability Partnership (LLP) can be a strategic move for entrepreneurs looking to combine the benefits of a partnership with the advantages of limited liability partnership.

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Give Your Products FIRM Registration.

Starting a business is an exciting venture, and choosing the right legal structure is a crucial first step. For many entrepreneurs, a partnership firm offers a flexible and collaborative way to operate.

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Startup India Registration.

Unlock the exclusive benefits and enhance the startup with Startup India Registration – along with that Diligence Certifications can help you with the whole process and ensure that every requirement is fulfilled for a successful Startup India Registration in India.

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Get your Organization NGO registration.

Are you really into making a difference or starting your own Non-Governmental Organization (NGO Registration) in India? We will also mention how Diligence Certifications can assist you in such cases.

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PESO License: Safety and Excellence in Material.

The PESO License framework establishes mandatory approval processes for products relevant to the oil and gas sector, particularly those involved in gas handling or intended for use in corrosive environments prevalent in the industry.

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GEM Registration Services – Get Your Business Listed on the Government e-Marketplace.

The registration process begins with gathering mandatory documents such as PAN, GST, bank details, and Aadhaar/DSC.

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Private Limited Company Registration in India.

Well, at this point, are you really ready to take it to the next level? The formation of Private Limited Company Registration in India is often considered to be a strategic alternative by most entrepreneurs since it provides credibility combined with a limited liability and a scope for future investments:

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Empower Your Indian Subsidiary Company Registration.

Our expert team provides comprehensive guidance through each step, from documentation to application submission. With our assistance, you can establish your subsidiary efficiently, gain legal recognition, and leverage opportunities for growth in the Indian market.

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Producer Company Registration: Empowering Farmers Through Collective Strength.

The Producer Company Registration offers this sort of power to farmers to organize and run businesses for their mutual benefit collectively.How Diligence Certifications can facilitate the process with credibility for a Farmer Producer Company (FPC).

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Empowering Independent Business with Seamless Sole Proprietorship Registration.

It offers a straightforward setup and direct control, making it the most popular and straightforward business structure in India.

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Ensure your partnership firm registration.

With our assistance, you can establish your partnership with confidence, define roles and responsibilities, and set the foundation for successful collaboration.

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Ensure Your Shop and Establishment Registration.

Setting up a new enterprise should be exciting, even though there are deterrents in legal implications. That is a journey almost every business-making entity undertakes, from the littlest to the largest-the Shop and Establishment Registration.

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Ensure your MSME registration.

Our expert team provides comprehensive support throughout the registration process, from documentation to application submission. With our assistance, you can access government benefits, secure funding opportunities, and enhance your business credibility in the competitive market.

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Give Your Products FSSAI Mark Certification.

FSSAI mark certification is an important regulatory mechanism that guarantees strict adherence to food safety and quality standards by all food products manufactured, imported, and sold in India.

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PSARA (Private Security Agencies Regulation Act) License.

No longer complicated definitions for you; just straight, simple, useful information that will get your business going.

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Patent Opposition in India – Step-by-Step Process & Legal Support

  • Patent opposition allows any person or “interested person” to challenge a patent application or granted patent under the Patents Act, 1970.
  • There are two types: pre-grant opposition (before grant of patent) and post-grant opposition (after grant, within one year).
  • Grounds include lack of novelty, inventive step, wrongful obtainment, prior publication, non-patentable subject matter.
  • Procedure involves filing Form 7A (pre-grant) or Form 7 (post-grant), complying with Rules 55/55A of the Patent Rules.
  • For rights-owners and challengers alike, strategic handling of patent opposition can protect innovation value, mitigate risks and influence business strategy.

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Introduction

Types

Documents

Process

Conclusion

Introduction

When a Hyderabad-based biotech startup filed for a patent on a new enzyme formula, they believed they had secured their invention’s future. Six months later, they received a pre-grant opposition notice from a competitor alleging prior publication of a similar process. The startup had to rework its filing strategy, increase legal costs and delay product launch. That case illustrates why understanding patent opposition early is vital.
 In the Indian IP landscape, opposition proceedings serve as both a shield and a sword—enabling third parties to challenge weak patents, and empowering patent owners to defend their rights. Navigating this effectively demands expert insight, not just technical innovation.

An Overview of Patent Opposition

A patent is an essential type of Intellectual Property Right that gives an inventor exclusive rights over a new product, process, or technical solution to a problem. It gives the inventor the ability to make, sell, license, or prohibit others from commercially using the invention. Because patent rights create a monopoly, they are given only for inventions that meet specific patentability criteria, including novelty, inventive step, and industrial applicability.

The Indian Patents Act provides a protective legal mechanism for patent opposition. It permits any person to oppose the grant of a patent on the basis that the inventive aspect does not actually merit protection. This provides a safeguard against the granting of patents for some minimal degree of modification, previously-known technology, or ideas that do not fall into line with the requirements of law. This process supports fairness in the innovation ecosystem and the misuse of patent protection.

Legal Grounds for Patent Opposition

A patent can be challenged on legal grounds related to the invention itself or the way the patent was acquired. The grounds that can be cited include: 

  • The applicant is not the true inventor or had obtained the invention through unethical means.
  • The invention is not patentable based on the Patents Act.
  • The invention ought to be co-owned, but only one party applied for the patent.
  • The invention is merely a discovery, and there is no patentable invention.
  • The specification is incomplete, lacks clarity, or does not enable the skilled person to reproduce the invention.
  • The invention is not novel or does not exhibit an inventive step — meaning the invention is neither new nor a technical advancement over previous knowledge.
  • The invention has been used in secret in India prior to the priority date.
  • The claims are not supported by the written description, overly broad, or vague.
  • There are inaccurate or omitted particulars as to the biological source of materials.
  • The invention is novelty-destroyed by prior public use, prior publication, or prior traditional knowledge.

These grounds illustrate that patent rights are intended only for those inventions which contribute sincerely to technical advancement and are disclosed appropriately in the application.

Types of Patent Opposition Proceedings in India

Patent opposition in India occurs through two specific legal mechanisms established under the Patents Act, which allow individuals and entities to challenge the validity of potentially problematic inventions prior to or post patent grant.

  1. Pre-grant Patent Opposition

Under Section 25(1) of the Patents (Amendment) Act, 2005, any individual — including competitors, researchers, public interest groups, and even the government — may file an objection after publication of the patent application, but prior to grant of patent. This is the first stage in sorting out poor, wrongfully claimed, or non-patentable inventions. Additionally, many companies view it as a tactical move to prevent competitors from receiving what they feel is an unfair monopoly on a huge body of questionable R&D.

2 . Post-grant Patent Opposition Proceedings

A post-grant opposition is when an individual or entity may challenge a patent after it has been issued. Pursuant to Section 25(2) of the Patents Act, 1970, any person, including an inventor, a research organisation, or a competitor in the industry, has 12 months from the date of publication of the grant of patent to file a post-grant opposition. This mechanism provides a safeguard against wrongly granted patents, as a byproduct of neglect or lack of full disclosure or misleading claims, which has allowed the patented to assume improper dominance over a market with an invalid patent.

Grounds for Post-Grant Opposition include:

  • Invention wrongfully obtained from the true inventor
     • Prior publication or use of the invention before the priority date
     • Claims based on traditional knowledge or publicly known techniques
     • Lack of inventive step (obvious to a skilled professional in the field)
     • Falling under non-patentable subject matter in India
     • Incorrect or false disclosure to the Patent Office
     • Source or geographical origin of biological material not disclosed
     • Specifications insufficient or unclear in explaining the invention

These grounds largely mirror pre-grant opposition but with stricter scrutiny, since a legal right has already been granted.

Opposition Board Proceedings

When a valid post-grant opposition is filed, the Controller appoints a three-member Opposition Board — ensuring that none of its members were involved in the original patent examination.

Board procedure:

  • Review all documents and evidence submitted by both sides
  • Prepare a reasoned recommendation within three months
  • Share the recommendation with both parties at least 10 days prior to the hearing

Following the hearing and Board’s analysis, the Controller issues a final order. Based on merits, the Controller may:

  • Maintain the patent as granted
  • Modify its scope or claims
  • Revoke the patent entirely

This ensures a fair balance between protecting innovation and preventing wrongful monopolies.

Documentation & Response Requirements

A post-grant opposition must include:

  • Detailed statement of the objection
  • Supporting evidence
  • Nature of challenge
  • Relief sought (e.g., cancellation or amendment)

Once notified, the patentee must respond within two months, submitting their defence and supporting documents to both the Patent Office and the opponent. If the patentee fails to reply within the deadline, the patent can be cancelled by default.

Any additional evidence later in the process can only be included with approval from the Controller, maintaining procedural discipline.

Pre-Grant Patent Opposition Process

A pre-grant opposition can be filed any time after publication of a patent application and before grant of the patent. It allows any person to raise objections to prevent invalid patents from being granted.

Step-by-Step Process

1️ Filing Representation — Form 7A
 The opponent files a representation with supporting facts and evidence.
 Note: This is only allowed after a Request for Examination has been filed for that patent application.

2️ Request for Hearing (Optional)
 The opponent may request a hearing to present arguments orally.

3️ Controller’s Review
 If the Controller finds merit in the representation, a notice is issued to the patent applicant regarding the opposition.

4️ Applicant’s Reply
 The patentee must respond to the objections within 3 months from the date of the Controller’s notice.

5️ Controller’s Decision
 After reviewing arguments and documents from both sides, the Controller may:
 ✔ Reject the opposition and grant the patent
 ✔ Ask the applicant to amend the patent specification
 ✔ Refuse the patent if objections are valid

This ensures that only genuine and novel inventions receive patent rights.

Post-Grant Patent Opposition

An interested person can file a post-grant opposition within 12 months from the date the granted patent is published.

Step-by-Step

1️ Opponents Board is constituted

The Controller appoints a three-member board to consider the opposition in detail (the original examiner may not be included). 

2️ Filing of Written Statement & Evidence

The opponent must file: 

  • The nature of their interest in the patent and the grounds for the opposition
  • Supporting evidence to prove their case
  • Relief sought

 The patentee must submit a written reply to the opposition papers, specifically responding to the details of the opposition, within 2 months. 

 If not, the patent is revoked by default.

The opponent (now known as the “respondent”) then submits reply evidence within 1 month.

3️ Examination of the Opposition Board

The Board then considers the submissions from both parties and produces and delivers to the controller, within three months, a reasoned recommendation as to how it believes the opposition should be decided. 

4️ Hearing

The controller will schedule a hearing in front of both parties. The Opposition Board members are required to attend. 

5️ Decision from Controller 

After considering the Board’s report and hearing from both parties, the controller will decide whether or not to: 

 – Leave the patent as granted

 – Vary/amend the patent 

 – Revoke the patent 

This results in only robust and legally compliant patents remaining in force, and all that the patentees would need to prove to keep them in force would be the ‘reasonable sufficiency’ test.

Pre-Grant vs. Post-Grant Patent Opposition: Key Procedural Differences

Both pre-grant and post-grant patent opposition mechanisms exist to prevent patents from being granted or retained without meeting statutory requirements. While the grounds for opposition are largely similar, their procedures and legal implications differ significantly. Below is a practical comparison widely relied upon in Indian industrial sectors:

Major Procedural Distinctions

  • Who can oppose
 Pre-grant: Any person can oppose, including public interest organizations, competitors, or whistleblowers.  Post-grant: Only an “interested person” can oppose (someone with a commercial, or research-based interest).
  • Patent status
 Pre-grant: Patent application is still pending so infringement action cannot be taken.  Post-grant: Patent has been granted, infringement suits can be run in parallel to opposition.
  • Right to be heard
 Pre-grant: Hearing is not automatic, opponent must request it, and Controller’s discretion to allow or not is based on merit.  Post-grant: Opportunity to be heard is statutory, so both parties must be given that opportunity.
  • Speed of proceedings
 Pre-grant: Usually faster proceedings, help eliminate the right to a patent where there is a weak patent.  Post-grant: Tend to take a long time, similar to courtroom litigation pattern, delays can be excessive, generic question motions
  • Appeal mechanism
 Pre-grant: Controller’s decision can only be challenged on a writ petition basis in the Constitution.  Post-grant: Appealable through judicial channel, can prolong the dispute by years.
  • Cost considerations
 Pre-grant: May help reduce costs/avoid post-grant disputes if filed early.  Post-grant: Significant related costs — legal costs and expenditures and time — as litigation can be drawn out over a long period.
  • Risk of unjust monopoly
 Pre-grant: Prevent grant of invalid patents upfront.  Post-grant: Even a weak patent may block competition for the duration of the opposition, preventing a level playing field.

Why Choose Diligence Certification for Patent Opposition?

  • Dedicated Patent Attorneys 

 Our team comprises patent litigators with decades of experience in Indian patent litigation and opposition.

  • Advanced Prior-Art Exploration 

 We employ unique searching tools and technical experts to find prior art that India-based competitors would miss. 

  • Destination of Attorney Representation to IPO 

 From drafting an opposition to representation before the Controller of Patents, we defend your commercial interests every step of the way. 

  • Cost-Efficient and Timely Procedures 

 Streamlined process ensures quicker action, lowering the risk of unjust monopoly in your market. 

  • Domain Knowledge in IP 

 We handle oppositions across the pharmaceutical, biotech, manufacturing, electronics, and emerging tech sectors. 

  • Complete Assistance 

 We will assist you from monitoring applications published to the post-grant disputes until the matter is concluded 

  • Confidential and Compliant 

 Each case is handled professionally with the utmost confidentiality and in compliance with Indian patent law.

Conclusion

Dealing with opposition to a patent in India involves not just understanding the legal provisions for opposition in the Patents Act, but also balancing your purpose and strategy with technical reality and your business objectives and goals. Whether you are defending a patent that has been granted or even if you have a concern about a competitor or someone else’s attempted patenting application, timing and being prepared with the right information to act accordingly is crucial in opposition matters.

If you require assistance from an expert who can assess your opposition risks, prepare your strategy or assist in the prosecution of filings, please contact us at Diligence Certification. Protecting your innovation and your investment begins with an understanding of the opposition process.

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Frequently Asked Questions

Anyone or organization may file either type of pre-grant opposition, but only an interested party—one who is adversely affected by the grant of the patent—may file for post-grant opposition.

Pre-grant opposition can occur after publication but prior to grant of the patent. Post-grant opposition must occur within a twelve (12) month period from the date of grant.

There may be a lack of novelty or obviousness or a subject flap that doesn't meet non-patentability criteria and/or that isn't disclosed sufficiently, invented wrongfully, not compliant with legal formalities, or conflicting with traditional knowledge.

Yes! During the course of an opposition, the Patent applicant would be restrained from enforcement of any rights contained in the patent until it is established the patent is valid.

The time frame will depend on the type of opposition matters before the hearings, the evidence to be considered, and the action of the Controller. Pre-grant opposition matters typically resolve more quickly than post-grant, but all opposition processes can take, at a minimum, a few weeks.

 Yes! Subject to the Controllers' findings, the patent could be maintained, amended, or fully revoked.

 While not strictly required, having professional representation significantly improves your chances of success based on the legal and technical nature of the issues raised.

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