The Delhi High Court recently dismissed an application for interim injunction filed by leading supplier of in-ear products “Freebit AS”, observing that it had suppressed material facts and the suit.
Uptrend in oppositions could spell costly delays for Indian patent applicants Straw man oppositions are attracting increased scrutiny from Indian patent applicants as well as the courts - best practices in drafting and prosecution can help mitigate the risks.
The past two years have seen a surge in oppositions filed against patent applications in India. The increase comes as the patent office publishes more filings than ever and Indian courts continue to handle high-profile global disputes. The strategic value of patent oppositions make this an important trend for IP owners to follow.
Facing a pre-grant opposition can significantly extend the time to grant, even if the objection fails. This is important because the already lengthy wait for a granted patent in India can greatly reduce the time a rightsholder has to enforce their exclusivity in the market.