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Where do I sue for patent infringement, and what if the patent is attacked?
The forum rules in section 104 interact with revocation. Pick your position.
Use opposition if open, or petition the High Court for revocation.
Moderate complexity - several routes or missing facts
- Pre-grant: any person can file a representation after publication and before grant (section 25(1)). Post-grant: a person interested can oppose within one year from publication of grant (section 25(2)).
- Revocation: an interested person or the Central Government can petition the High Court (section 64(1)).
- Choose the route that fits the timing. A pending opposition and a revocation petition raise different procedural issues, so take advice before running both.
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