Pre-Grant Opposition: CSIR v Ms Hindustan Lever Limited
DOI:
https://doi.org/10.56042/jipr.v28i6.827Keywords:
Pre-grant opposition, patent applications, Intellectual Property Appellate Board (IPAB), Council of Scientific and Industrial Research (CSIR), Hindustan Unilever Limited (HUL)Abstract
The article attempts to provide an overview of the pre-grant opposition against a patent application no 1219/DEL/2004
dated 30-06-2004 filed by the Council of Scientific and Industrial Research (CSIR). The Pre-Grant Opposition was filed by
M/s Hindustan Lever Limited by way of Representation u/s 25 (1) of Indian Patents Act, 1970. This resulted in the
application being denied to CSIR, by the Assistant Controller of Patents & Design, Indian Patent Office (IPO), New Delhi.
Subsequently, CSIR went on to file an appeal against the Order of Assistant Controller of Patents & Design at Intellectual
Property Appellate Board (IPAB), Chennai which ultimately resulted in the impingement of the decision of the Assistant
Controller of Patents and Designs, IPO, New Delhi by the IPAB on 20-06-2013 and a direction to grant the Patent to CSIR
was passed by IPAB, Chennai, and accordingly the Patent was granted to CSIR on 27-08-2015. This study provides an
overview of the case, including comprehensive information on the Indian patent filing process, examination procedures, pregrant
opposition, and strategies to address opposition. Furthermore, it presents a comparative analysis of similar cases,
highlighting key legal interpretations, and offers suggestions for enhancing institutional IP due diligence processes and
strengthening IP safeguards.
