1. Pre-grant Opposition

Any person can file an opposition for grant of patent after the application has been published. Opposition may be filed on any of the following grounds:

a. Non compliance of patentability requirements.

b. Nondisclosure or Wrongful disclosure of genetic resources or traditional knowledge.

2. Post-grant Opposition

Any person can file an opposition within a period twelve months after the grant of a patent. It can be filed based on the following grounds:

a. Wrongful obtainment of the invention by the inventor.

b. Publication of the claimed invention before the priority date.

c. Sale or Import of the invention before the priority date.

d. Public use or display of the invention.

e. The invention doesn’t satisfy the patentability requirements.

f. Disclosure of false information to patent office.

g. Application for the invention is not filed within twelve months from the date of convention application.

h. Nondisclosure or wrongful disclosure of the biological source.

i. Invention is anticipated by traditional knowledge.

3. Process of Opposition

On receiving a notice of opposition, the controller notifies the patentee. He then constitutes an Opposition board to deal with the opposition. The Opposition board decides the issues after giving reasonable opportunity of hearing to both the parties. The Opposition board might invalidate the patent, require amendments or maintain the status quo. If amendments are required, they have to be made within the prescribed period in order to maintain the patent.