Sections 25 and 64: Opposition and Revocation

In one line

Two sections, four clauses, and the two grounds a student in this subject must be able to name without looking them up.

In exam wording: section 25(1) of the Patents Act 1970 permits any person, where an application for a patent has been published but a patent has not been granted, to represent by way of opposition to the Controller on the grounds it lists and on no other ground, including at clause (j) that the complete specification does not disclose or wrongly mentions the source or geographical origin of biological material used for the invention, and at clause (k) that the invention so far as claimed in any claim is anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere; section 25(2) permits any person interested, at any time after the grant but before the expiry of one year from the date of publication of the grant, to give notice of opposition on the grounds it lists, including the same two at clauses (j) and (k), the Controller constituting an Opposition Board to examine the notice and submit its recommendations; and section 64(1) permits a patent to be revoked on the grounds it lists, including at clause (p) non-disclosure or wrong mention of the source or geographical origin of biological material, and at clause (q) anticipation having regard to knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere.

The two grounds that belong to this subject

Clause (j) in both sub-sections of section 25, and clause (p) of section 64: the source. That the complete specification does not disclose or wrongly mentions the source or geographical origin of biological material used for the invention.

Clause (k) in both sub-sections of section 25, and clause (q) of section 64: the knowledge. That the invention so far as claimed is or was anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere.

Learn the two phrases. "Oral or otherwise" and "in India or elsewhere". They are what distinguish Indian patent law from the ordinary rule that prior art must be documented and are the statutory recognition that a community's knowledge counts even though nobody wrote it down.

The three procedures compared

Pre-grant, section 25(1). After publication of the application and before grant. Any person may represent in writing by way of opposition. The grounds are exhaustive: the sub-section ends "but on no other ground". If the person asks to be heard, the Controller shall hear him and dispose of the representation in the prescribed manner and within the prescribed period.