Pre-grant opposition

Between publication and grant, anyone at all can write to the Controller and argue that your application should not be granted. They do not need to be a competitor, and until recently they did not even need to pay.

In simple words

A written representation opposing the grant of a published application, which any person may file after publication and before grant.

Think of it as

An open door between publication and grant.

Why it matters

The 2024 Rules changed this considerably. There is now a fee, e-filing is required, and the Controller first decides whether a prima facie case is made out before the applicant has to respond - which is intended to filter out representations filed purely to delay. If a notice is issued, the applicant now has two months to reply rather than three, and the opposed application is examined on the expedited track.

A simple example

A generic manufacturer files a representation arguing that the claimed salt form is caught by section 3(d). The Controller considers whether a prima facie case exists, and only then calls on the applicant.

Common mistake

Assuming pre-grant opposition is a formality that always delays grant by years. Since March 2024 it has a filter in front of it.

Where it comes from

Patents Act 1970, section 25(1); Patents Rules 2003, rule 55 as substituted by the Patents (Amendment) Rules, 2024