Section 23: Opposition to the grant of patent

23. Opposition to the grant of patent.—(1) At any time within four months from the date of advertisement of the acceptance of a complete specification under this Ordinance, any person may give notice to the Controller of opposition to the grant of patent on any of the following grounds, namely:— 1Omitted by Act IX of 2010,s.3. 2Ins by Act XXIV of 2016, s.4. 3Subs. by the Patents (Amdt.) Ordinance, 2002 (95 of 2002), s. 10. for the original section (22). (a) that the applicant for the patent obtained the invention or any part thereof from him or from the person of whom the opponent is the legal representative, assignee, agent or attorney; (b) that the invention is not a patentable invention within the meaning of this Ordinance; (c) that the specification does not disclose the invention in a manner clear and complete enough for it to be carried out by a person skilled in the art; (d) that the claims are not clear or extend beyond the scope of the disclosures in the complete specification as originally filed; and (e) that the complete specification describes or claims an invention other th an that described in the provisional specification and that such other invention either forms the subject of an application made by the opponent for a patent which if granted would bear a date in the interval between the date of the application and the leaving of the complete specification, or has been made available to the public by publication in any document in that interval. (2) Where a notice is given under sub­section (2), the Controller shall give notice of the opposition to the applicant, and shall, before deciding the case, give to the applicant and the opponent an opportunity of being heard.

Effective date: 2000-01-01

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