Dr. Kalyan C. Kankanala Explores Pre-Grant Opposition Mechanism in Indian Patent Law at UPES School of Law

Dr. Kalyan C. Kankanala recently addressed the B.Tech-LLB students of UPES School of Law as part of the ‘Patent Law and Practice Program’ conducted by the BananaIP Team. His lecture focused on the pre-grant opposition process under Indian patent law, a vital procedural safeguard that allows challenges to patent applications prior to their grant.

Central to the discussion was Section 25(1) of the Indian Patent (Amendment) Act, 2005, which empowers any person, including third parties and government entities, to file a written opposition against the grant of a patent after the application has been published but before the patent is officially granted.

Dr. Kankanala explained that this pre-grant opposition mechanism serves as a defensive shield to ensure that only valid patents are granted. It acts as a safety net to capture and scrutinize questionable patent applications, thereby preventing the issuance of patents that do not meet statutory requirements.

The grounds for filing a pre-grant opposition are enumerated under Section 25(1)(a) to (k) of the Patent Amendment Act, 2005. These include, among others, the non-disclosure or provision of materially false information by the applicant, failure to file the patent application within 12 months of the first application in a convention country, and inventions anticipated by traditional knowledge of any community worldwide.

Dr. Kankanala illustrated these points with a detailed flowchart outlining the procedural steps involved in pre-grant opposition, providing students with a clear understanding of how the process unfolds within the Indian patent system.

Beyond the lecture, Dr. Kalyan C. Kankanala is recognized as the managing head of BananaIP Counsels, India’s largest new-age intellectual property firm based in Bangalore. His expertise extends to consulting for the United Nations Industrial Development Organization (UNIDO) and teaching at premier institutions such as the National Law School of India University and the Indian Institute of Management Bangalore (IIM-B).

Through this engagement, Dr. Kankanala imparted practical insights into intellectual property management and legal practice, reinforcing the significance of pre-grant opposition as a tool for maintaining patent integrity and fostering innovation in India.