Patent Opposition Searches India

About Patent Opposition Searches

Patent Opposition Searches India by Effectual Services empower you to challenge competitors' patents effectively. We monitor Indian Patent Office filings closely to spot opportunities for pre-grant oppositions (within 6 months of publication) or post-grant ones (anytime post-issuance). Our comprehensive prior art searches across global databases uncover novelty gaps, inventive step lacks, and other grounds under the Patents Act 1970. This strategic service helps block undue monopolies, safeguarding your market position through precise evidence mapping and opposition filings.

Why Choose Us for Patent Opposition Searches India?

Effectual Services has a team of highly skilled professionals, including lawyers and engineers who specialize in conducting comprehensive patent searches. The Engineers and technical experts bring in-depth understanding and knowledge of the Indian Patent Act 1970 and in various technical fields.

Expertise And Experience- Patent Drafting- effectualservices

Expertise and Experience

Team of lawyers, engineers, bachelors, masters, and PhDs expert in Indian Patent Act 1970 conducts 2000+ prior art, 600+ invalidity/validity, 1000+ infringement searches yearly on Orbit, Patseer, Espacenet, Google Patents, and NPL.​

Technical Diversity- Patent Drafting- effectualservices

Customized Solutions

Services tailor to client needs, from identifying patents within opposition timeframes to drafting notices with claim charts and evidence mapping for pre-grant or post-grant filings. This includes monitoring competitor filings and consulting patent attorneys for valid grounds like lack of novelty or inventive step.

Technical Diversity- Patent Drafting- effectualservices

Accuracy and Compliance

Rigorous processes use advanced tools and strategies to review patents, file wrappers, and prior art, guaranteeing adherence to Indian Patent Office requirements and minimizing procedural risks.

Comprehensive Understanding- Patent Drafting- effectualservices

Proven Success

Case studies demonstrate outcomes like successful AI patent oppositions and US office action resolutions, protecting client IP through timely submissions and strong arguments.

Strategic Drafting- Patent Drafting- effectualservices

Timely and Continuous Support

Deadlines are met with streamlined filing, ongoing monitoring, and collaboration to refine oppositions, reducing monopoly risks and supporting long-term IP defense.

Quality Assurance- Patent Drafting- effectualservices

Client-Centric Approach

Clear communication, transparency, and responsiveness ensure clients stay informed, with high-volume expertise fostering trust and strategic market protection in India.

Get Free Consultation

Patent Opposition Searches Methodology

Step 1

Identify the Patent to Oppose

Identify the specific patent which client want to oppose and ensuring the patent is within the allowed timeframe for opposition.

Step 2

Understand the Patent

Review the patent document & File wrapper

Step 3

Prior art Search

Performed variety of search strategies on Patent and NPL databases.

Step 4

Identify Grounds

Determine valid legal grounds for opposition and Consult Patent Attorney provides guidance.

Step 5

Prepare a Report

preparing claim charts, Mapping, highlighting the most relevant prior art references, Reports

File Pre-Grant/ Post-grant Opposition

Step 5

File Pre-Grant/ Post-grant Opposition

Step 6

Prepare Opposition Notice

Draft a detailed notice with supporting evidence.

Step 7

Submission to the Patent Office

Submit the notice of opposition within the specified deadlines

Why Choose Us for Patent Opposition Searches India?

Effectual Services has a team of highly skilled professionals, including lawyers and engineers who specialize in conducting comprehensive patent searches. The Engineers and technical experts bring in-depth understanding and knowledge of the Indian Patent Act 1970 and in various technical fields.

A high-tech team does the following searches every year
2000+ Prior art searches   |   600+ Invalidity/Validity searches  |   1000+ Infringment Searches  |   100+ Landscape  |   1000+ Freedom to operator (FTO)  |   400+ 3GPP searches  |   1000+ Drafting
Call to Action

Case Study

Company X, a prominent AI technology firm based in India, specializing in cutting-edge software solutions and artificial intelligence applications. Company X became aware of a pending patent application that threatened their core technology, a sophisticated machine learning algorithm used in their flagship product. The client needed to protect their innovative technology by opposing the patent's grant.

Solution

Effectual services has highly skilled professionals team of Engineers, Lawyers, Bachelors, Masters and PhDs. Our team first initiated an initial assessment to understand the client's concerns and objectives.

3GPP standards

The technical expertise conducted an extensive prior art search to identify relevant patents, publications, and technologies that could be used to challenge the patent application's novelty and inventive step. We use various patent & NPL databases for conducting comprehensive patent searches: Orbit, Patseer, Espacenet, Google patents, Amplified Database, Relecura, Ambercite, AI-tools, IEEE, CiteSeerX, Google Scholar, ScienceDirect, .

We prepared a well-structured pre-grant opposition petition, ensuring that it adhered to the procedural requirements specified by the Indian Patent Office. The petition included a detailed explanation of how the patent application's claims lacked novelty and inventive step in light of the identified prior art.

Based on the prior art search results, our team worked closely with Company X's technical team to identify strong grounds for opposition.

Our Professional lawyers and engineers ensuring that the opposition petition was filed within the prescribed timeframe.

Conclusion

Our organisation helped the XYZ Patent Company to protect the client's valuable intellectual property, by conducting thorough prior art searches, crafting strong opposition arguments, and complying with procedural requirements. We ensuring their continued growth and success in the industry.

Overcoming Office Action Challenges for a Software Patent in the US

Objective

Our client, a software development company based in the United States, encountered a series of office actions from the US Patent and Trademark Office (USPTO) disputing the patentability of their innovative software algorithm.

Background

The client had developed a cutting-edge software algorithm with wide-ranging applications across industries. However, they faced repeated objections from the USPTO examiner, posing a threat to their patent grant.

What we did

We implemented a tailored office action response strategy, which included

Technical Analysis

Conducted a detailed technical analysis of the software algorithm to address the examiner's objections accurately.

Claims Refinement

Strategically refined the patent claims to provide a more specific and defensible scope of protection.

Legal Argumentation

Crafted persuasive legal arguments supporting the patentability of the software, citing relevant case law and precedents.

Examiner Consultation

Collaborated closely with the USPTO examiner, offering clarifications and additional information to address concerns.

Amendment Planning

Proposed amendments to the patent claims to align with the examiner's feedback while preserving the core innovation.

Outcome

Our tailored office action response strategy led to the grant of the software patent by the USPTO. The client's innovative algorithm received protection, enabling them to explore new business opportunities and maintain a competitive edge in the technology sector.

FAQ

Effectual services uses various databases and can be invaluable in conducting comprehensive patent searches

A patent opposition search reveals the anticipation of a patent application or granted patent by prior art, such as publication, use, or sale, in order to assess novelty and inventive step. It discovers evidence relating to opposition grounds under Sections 25(1) and 25(2) of the Indian Patents Act. This is a very crucial step before filing opposition, insofar as it strengthens the case of the opponent by revealing wrongful obtainment or insufficient disclosure, or anticipation by traditional knowledge, that will help the opponents to build strong challenges at the pre-grant or post-grant stage.

Any person can oppose pre-grant by making a representation to the Controller after publication. For post-grant opposition, there needs to be an "interested person" involved in research or promotion in the area of the invention. No particular qualifications need to be shown for a pre-grant opposition but post-grant opposition requires one to prove interest. Opponents file Form 7 along with relevant evidence; an opportunity for a reply is given to the applicant by the Controller within three months.

Key grounds include prior publication or prior claiming, lack of inventive step, obviousness, wrongful obtaining, insufficient disclosure, and non-patentable subject matter, amongst others. Apart from the two traditional grounds of anticipation by prior use and by prior publication, anticipation by traditional knowledge protects Indigenous practices. These grounds apply both to pre-grant and to post-grant under Sections 25(1)(a)-(l) and 25(2)(a)-(n) to ensure only novel and non-obvious inventions obtain patent protection.

A notice is filed with a statement and evidence on Form 7/7A. The Controller provides a three-month notice to the applicant for reply, followed by an exchange of evidence. A three-member Opposition Board reviews the matter and submits its recommendations within a stipulated time. The hearing is held after ten days' notice. The Controller thus decides to maintain the patent, amend it, or revoke it. Appeals lie to the Intellectual Property Appellate Board.

Opposition is possible at pre-grant from post-publication until grant, and at post-grant, opposition has to be filed within 12 months of grant publication. The reply is due within three months (pre-grant) or two months (post-grant); thereafter, the Board’s recommendations follow after consideration of the evidence. The hearings take place in a matter of months, with a prompt decision by the Controller. The whole process thus usually takes 1-2 years and is open to further appeal.

Protect Your Intellectual Property with

Professional Patent Opposition Searches

Safeguard your competitive position by monitoring competitor filings and challenging potentially invalid patents through comprehensive pre-grant and post-grant opposition strategies in accordance with the Indian Patent Act.

Fast & Confidential

Fast & Comprehensive

Thorough searches across patent and non-patent literature with strict timelines.

Strategic Insights

Legal Expertise

Grounded in Sections 25(1) and 25(2) for pre-grant and post-grant oppositions.

Personalized Support

Tailored Strategy

Custom reports, claim mappings, and attorney-guided grounds identification.

🎯 Free Consultation

Submit your details and we'll reach out within 24 hours

US, UK, IN
Get in Touch