Disclosure Of Trade Secret On The Path To A Patent: Lacunae In The Law

The term “patent” refers to an exclusive monopoly or right that has been granted to the inventor for a particular product, or the process that goes into the making of the product. Examination of the Indian Patent system of Opposition Publication and Pre-Grant opposition, Year Filed Examined Granted Disposed 2017-18 47854 60330 13045 47695 2018-19 50659 85426 15283 50884 2019-20 56267 80080 24936 55945 2020-21 58503 73165 28385 52755 2021-22 66440 66571 30073 35990 Year Pre-Grant opposition Disposed Post-Grant opposition Disposed 2017-18 260 108 18 8 2018-19 426 399 15 12 2019-20 800 NA* NA NA 2020-21 583 313 41 13 2021-22 481 275 37 8 *Data is not available In the year 2021-22, 481 Pre-Grant oppositions were filed, with 275 of them being disposed off. The idea of a Pre-Grant opposition is essentially on where prior to the grant of patent, one's trade secret is published, and therefore, it no longer remains a trade secret. The above findings effectively go on to showcase that the Indian Patent office is equipped enough to manoeuvre a Post-Grant Opposition system considering that a majority of applications are decided on its own without the help of Pre-Grant oppositions. India ought to move towards a Post-Grant opposition system and join the Patent Law Treaty since the author believes that India is equipped enough to handle a Post-Grant opposition system.