IP Intelligence › For You › Setting up competitor monitoring that gets used
For enterprises
Setting up competitor monitoring that gets used
How do we keep track of what competitors are filing?
Watch the Official Journal by technical classification and by competitor name, route the results to someone technical, and act within the pre-grant window when something matters.
What to watch
Applications publishing in your technical classifications - this is where you see competitor direction, eighteen months after they committed to it.
Grants published in your classifications - because the post-grant opposition window is twelve months from publication of the grant.
Named competitors across all classifications, which catches moves into adjacent fields.
And lapses, which mark retreats and sometimes opportunities.
Why most monitoring fails
Because the output goes to the legal file rather than to someone who can act on it. A published application is only useful if an engineer reads the claims and says either we do that or we were about to.
So route it technically, review it monthly, and attach a decision: ignore, design around, monitor to grant, or oppose. Since March 2024, pre-grant opposition carries a fee and a prima facie filter, so a well-evidenced representation is more effective and a scattergun one less so.
What to actually do
- Monitor by classification and by competitor name.
- Route results to engineering, not to the legal file.
- Attach a decision to each item: ignore, design around, monitor, oppose.
- Watch grant publications too - the post-grant window is twelve months.
Sources & further reading
- The Patents Act, 1970 (consolidated to 1 August 2024) — Official IP India text
- The Patents Rules, 2003, as amended (e-version updated to 15 March 2024) — Official IP India text
- The Patents (Amendment) Rules, 2024 - G.S.R. 211(E), 15 March 2024 — Gazette text via WIPO Lex
Related
Reading competitors through their patent filings
Where they intend to defend, what technical direction they committed to eighteen months ago, and which markets they have quietly given up on.
Somebody is reading your published application
Publication makes your application visible to everyone who competes with you. In some industries, opposition is a routine part of the landscape rather than an except…
Pre-grant opposition
A written representation opposing the grant of a published application, which any person may file after publication and before grant.
Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.
Educational guidance, not legal advice. This material is published by Ragulika IP for general education and information. It is not legal advice, it does not create a professional-client relationship, and it is not a substitute for advice on your own facts. Patentability, infringement, prosecution strategy and every other IP outcome turn on the specific facts and on the law and Patent Office practice as they stand at the time you act. Please take professional advice before making a decision, and read the underlying provision or judgment before relying on any point stated here.
Last reviewed by Ragulika IP on 2026-08-23. Indian patent law and Patent Office practice change; check the position before you rely on it.
