Section 104 of the Patents Act, 1970 states that only the Intellectual Property Appellate Board (IPAB) or the High Court can be approached for revocation as no suit of infringement can be brought before a court inferior to the District Court having jurisdiction.
According to Section 43 (1), when the application for the grant of patent is in order and the controller has approved it by the virtue of power vested in him under the said act, and not the application is in contravention to any of the provisions of the said act, the patent shall be granted with the seal of the patent office and the date on which the patent is granted will be recorded in the register.
Patent opposition provides an opportunity to the public to challenge frivolous and legally invalid patents. Under the 1970 Act, the patent could be opposed before it was granted (pre-grant opposition). The person opposing the patent is part to the proceedings. Under the 2005 Amendment Act, the opposition procedure is streamlined by having both pre-grant and post-grant opposition in the Patent Office.