In ๐๐ฆ๐ณ๐ต๐ฆ๐น ๐๐ฉ๐ข๐ณ๐ฎ๐ข๐ค๐ฆ๐ถ๐ต๐ช๐ค๐ข๐ญ๐ด ๐ท. ๐๐ฐ๐ฏ๐ต๐ณ๐ฐ๐ญ๐ญ๐ฆ๐ณ ๐ฐ๐ง ๐๐ข๐ต๐ฆ๐ฏ๐ต๐ด (Delhi High Court, April 2025), a pre-grant opposition was filed after the Controller had signed the patent grant order, but before this order was uploaded to the IPO website.
On November 28, 2023, ๐๐ต๐ฒ ๐๐ผ๐ป๐๐ฟ๐ผ๐น๐น๐ฒ๐ฟ ๐๐ถ๐ด๐ป๐ฒ๐ฑ ๐๐ต๐ฒ ๐ผ๐ฟ๐ฑ๐ฒ๐ฟ ๐ด๐ฟ๐ฎ๐ป๐๐ถ๐ป๐ด ๐๐ต๐ฒ ๐ฝ๐ฎ๐๐ฒ๐ป๐. After this signing but before the order was uploaded, the opposition was filed at 17:18:17.813 hours. The order was subsequently uploaded at 17:25:16.423 hours. As the court noted, it was “undisputed” by all parties that the signing occurred before the opposition filing.
The legal question was straightforward: ๐๐ผ๐ฒ๐ ๐ด๐ฟ๐ฎ๐ป๐ ๐ต๐ฎ๐ฝ๐ฝ๐ฒ๐ป ๐๐ต๐ฒ๐ป ๐๐ต๐ฒ ๐๐ผ๐ป๐๐ฟ๐ผ๐น๐น๐ฒ๐ฟ ๐๐ถ๐ด๐ป๐ ๐๐ต๐ฒ ๐ผ๐ฟ๐ฑ๐ฒ๐ฟ? ๐ข๐ฟ ๐๐ต๐ฒ๐ป ๐ถ๐’๐ ๐๐ฝ๐น๐ผ๐ฎ๐ฑ๐ฒ๐ฑ ๐ผ๐ป๐น๐ถ๐ป๐ฒ?
๐ง๐ต๐ฒ ๐๐ผ๐๐ฟ๐ ๐ต๐ฒ๐น๐ฑ: ๐๐ต๐ฒ ๐ฑ๐ฎ๐๐ฒ ๐ผ๐ณ ๐๐ต๐ฒ ๐ด๐ฟ๐ฎ๐ป๐ ๐ถ๐ ๐๐ต๐ฒ ๐ฎ๐ฐ๐๐๐ฎ๐น ๐ฑ๐ฎ๐๐ฒ ๐๐ต๐ฒ ๐๐ผ๐ป๐๐ฟ๐ผ๐น๐น๐ฒ๐ฟ ๐๐ถ๐ด๐ป๐ฒ๐ฑ ๐๐ต๐ฒ ๐ผ๐ฟ๐ฑ๐ฒ๐ฟ, not the later date of its upload. Uploading was characterized as a ministerial act.
The Court rejected the opposition, holding that the patent was already granted when the order was signedโeven though the opposition was filed before the order was uploaded.
This ruling exposes a procedural gap at Indian Patent Officeโs end: a critical period when a ๐ฑ๐ฒ๐ฐ๐ถ๐๐ถ๐ผ๐ป ๐ต๐ฎ๐ ๐ฏ๐ฒ๐ฒ๐ป ๐บ๐ฎ๐ฑ๐ฒ ๐ถ๐ป๐๐ฒ๐ฟ๐ป๐ฎ๐น๐น๐ ๐ฏ๐๐ ๐ถ๐๐ป’๐ ๐๐ฒ๐ ๐๐ถ๐๐ถ๐ฏ๐น๐ฒ ๐๐ผ ๐๐ต๐ฒ ๐ฝ๐๐ฏ๐น๐ถ๐ฐ.
Looking at the ๐จ๐ฆ๐ฃ๐ง๐ข system for potential solutions, we see an interesting parallel. When a US patent application is allowed internally but the formal notification hasn’t been sent, the system shows a specific status: “๐๐น๐น๐ผ๐๐ฒ๐ฑ โ ๐ก๐ผ๐๐ถ๐ฐ๐ฒ ๐ผ๐ณ ๐๐น๐น๐ผ๐๐ฎ๐ป๐ฐ๐ฒ ๐ก๐ผ๐ ๐ฌ๐ฒ๐ ๐ ๐ฎ๐ถ๐น๐ฒ๐ฑ.”
This status serves an important functionโit signals to all stakeholders that a decision has been made internally, even if it hasn’t been formalized yet.
The ๐ฐ๐ผ๐บ๐ฝ๐ฎ๐ฟ๐ถ๐๐ผ๐ป ๐ต๐ถ๐ด๐ต๐น๐ถ๐ด๐ต๐๐ ๐ฎ๐ป ๐ผ๐ฝ๐ฝ๐ผ๐ฟ๐๐๐ป๐ถ๐๐:
ยท At the USPTO, the period between decision (Allowed) and publication (Notice of Allowance mailed) is named and visible
ยท At the IPO, this same period exists (between signing and uploading) but remains invisible to external parties
The Vertex case demonstrates how this invisibility can lead to confusion and litigation. A similar status update showing “Grant Order Signed โ Awaiting Upload” could provide much-needed transparency.
While India’s patent system has its own unique structure and requirements, this specific feature could be adapted to prevent similar situations in the future, benefiting applicants, potential opponents, and the general public alike.
Read more at: https://www.linkedin.com/posts/rahuladey_vertex-pharmaceuticals-v-controller-of-patents-ugcPost-7324362247890251776-RB1s?
