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4A IP Solution has the practice of over three decades in Patent Litigation. With a wealth of such experience, we are handling significant patent disputes and litigations of the leading industrial and corporate clients by associating with patent trial lawyers in over 30 countries. Our IP professionals have specialized knowledge in technology domains, claim mapping and enforcement of different IP Laws. We recognize the potential infringers of the IP and are prepared with strategies to contain such threats with all necessary legal remedies and if necessary, reach out to judicial and quasi-judicial authorities such as litigation and ADR, etc. We also take part in invalidation as well as opposition proceedings as part of Patent litigation.
Invalidation Proceedings:
A patent can be revoked under various grounds and circumstances as specified in Section 64 of the Indian Patents Act, which are as follow:
- Novelty Grounds:
In cases where the claimed invention fails to acknowledge novelty in invention with regard to the earlier disclosed knowledge or prior use, the patent can be invalidated. - Obviousness Grounds:
In the case where a skilled person in the art or an expert appointed by the court is of the opinion that the claimed invention is evident and easily discoverable as of on the priority date of the claimed invention, then the patent can be invalidated on the ground of obviousness. - Subject of the claim of the patent is not an invention:
A patent claim can be invalidated on the ground that the subject matter is not an invention as it does not fall within the criteria of the patentable subject as defined under Section 3 of the Indian Patent Act. - Patent wrongfully obtained:
The applicant of the patent is supposed to be the original owner of the invention. Insufficient and unjustified disclosure of the inventor’s details about a person as an inventor or who wrongfully presents himself as an inventor can amount to invalidation of the patent. - Insufficient disclosure of the invention:
It is the duty of the inventors to disclose all material information about the invention which are necessary to decide patentability. Any deliberate attempt to hide material details or provide insufficient details can be ground to invalidate the patent. - The claims included in the patent are not fully in consonance with the description provided.
- Failure to disclose information relating to foreign applications as required under Section 8 of the Indian Patent Act.
Opposition Proceedings:
Pre-grant Opposition
Before current amendments to the Patents Act, 1970, there was Provision for one type of opposition only i.e. the Post-grant opposition system. Now, pre-grant opposition is also available after current amendments to the Act. In pre-grant opposition, any person can represent before the Controller General of patents in writing for any Patent application that is published but not granted and on any ground as specified under section 25 (1) of the Act.
Post-grant Opposition
In case of Post-grant opposition, any interested person can file an opposition request before the expiry of one year from the date of publication of the grant of the patent and it can be filed on grounds specified under section 25 (2) of the Act.
Our Approach
We at 4A IP Solution focus on each client separately in order to provide customized services in consonance with the demands and expectations of the client. We provide services for each project that can meet the quality standards consistently and solutions to mitigate anticipated risks. Our team has experts who focus on Hi-tech Patents that require technical understanding such as Information and Communication Technology (ICT), Electronic, Electrical, Medical Device, Mechanical, Pharmaceutical, Chemical, Biotech, and other Life Sciences related Patent matters. A specialized team handles litigation, opposition, drafting all documents necessary for litigation, counter statements to get our clients cost-effective and desired solutions.