Appeal of pre-grant opposition by the Appelate board

Patent Agent Exam Training – Online Courses Forums Introduction to Patent Law Course Appeal of pre-grant opposition by the Appelate board

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    • #11678
      shubham0804
      Participant

      There is a true/false question in the 2010 exam:

      A pre-grant opposition decision in favour of the applicant can be appealed before the IPAB.

      It is clearly mentioned that Sec-25(4) can be appealed before the appelate board. But if the Opposition board mentioned u/s 25(4) is only for post-grant opposition as can be concluded from Sec-25(3), the answer to the question will be false.

      What would be the correct answer?

    • #11693
      Ahmed Sayeed
      Participant

      Opposition can appeal to IPAB only in the post-grant opposition not in the pre-grant phase so the answer for the above is False.

    • #11694
      shubham0804
      Participant

      Got it. Thank you

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