Pre-grant opposition now has a fee and a filter in front of it

What changed

Rule 55 was substituted by the Patents (Amendment) Rules, 2024. A representation opposing grant now carries an official fee and must be filed electronically. The Controller first decides whether a prima facie case is made out and, if not, refuses the representation by a reasoned order. Where a notice does issue, the applicant's period to reply was reduced from three months to two, and new rule 55(5B) sends the opposed application to expedited examination under rule 24C.

Why it matters

Pre-grant opposition had become a way of delaying grant at almost no cost. The filter and the fee are aimed squarely at that, and the expedited-examination link means an opposition can now speed a case up rather than stall it.

Who should care

Applicants in fields where opposition is routine, and anyone considering opposing a competitor's application.

What you should do

If you are opposing, make the representation well-evidenced rather than broad - the prima facie stage will remove weak ones. If you are the applicant, keep a genuine ladder of fallback claims and the evidence an opponent will demand, and watch your own publication date, because that is when the window opens.