IP Intelligence › Myths › A granted patent cannot be challenged.
Patent myth
“A granted patent cannot be challenged.”
Section 13(4) says expressly that grant carries no warranty of validity. There are four routes to attack a granted Indian patent, and the most common one is a counterclaim in the case you started.
An examiner searches with limited time. A defendant facing an injunction searches with a budget and a strong incentive. New prior art surfaces regularly. Post-grant opposition is available for twelve months from publication of the grant, revocation before a High Court is available to a person interested, and a counterclaim is available to any defendant.
Enforcing without first testing your own validity is how patentees lose the patent as well as the case.
Sources & further reading
- The Patents Act, 1970 (consolidated to 1 August 2024) — Official IP India text
Related
Revocation
Cancellation of a granted patent by a High Court, on a petition by a person interested or the Central Government, or by way of a counterclaim in an infringement suit…
A granted patent can still be taken away
Grant is a decision by an examining office on the material in front of it. Section 13(4) says expressly that it carries no warranty of validity - and there are four …
Post-grant opposition
An opposition filed by a person interested at any time after grant but before twelve months from the date of publication of the grant, decided by the Controller with…
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.