Discussion
With respect to 'Post-Grant Opposition', which of the following is not correct statement ?
Answer: D
The statement that is not correct is that the Post-Grant Opposition can be filed by any person during the valid term of patent.
Section 25(2) of the Patents Act, 1970 allows post-grant opposition only at any time after the grant but before the expiry of one year from the date of publication of the grant. After that year, a challenge must be brought by revocation proceedings under section 64, not by opposition.
Options B and C are correct: the provision is section 25(2), and it is open to a person interested on grounds parallel to those for pre-grant opposition. Option A states the correct time limit, though section 25(2) gives the right to a 'person interested' rather than to anyone at all.
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