Patent Opposition

Patent opposition is an act of opposing to violation of laws and regulations stated with patent. This is generally followed by one patentee against other proposed patent that is being filed for registration. This patent opposition comes under the phase of examination and publication, where the concern authority checks all the filed applications in respect of opposition. If any opposition is there, then a type of claiming letter or we can say legal notice is being sent to both parties; one who oppose and one who file prospective application.

Obviousness, lack of novelty, wrongful act of obtaining of patent and non-patentable subject matter are the major points on behalf of which one can oppose a file an application for patent opposition. On the basis of these defined matters, one can go through the procedures of pre and post grant patent opposition.

Pre Grant Opposition

Under pre grant opposition, an application in written need to be submitted with concern authority after filing of patent application. Here, one needs to be file patent opposition before granting of patent. Once patent is being granted, then he or she needs to oppose under the section of post grant opposition. Here, after submitting an oppose application with relative proves and evidence, the respective parties need to response / revert back within one month of sending application.

Post Grant Opposition

Under post grant opposition, a file in written can be opposed within the 12 months of grant of patent. All the proves and evidence in respect of to what extent one would face losses and damage of business reputation on being granted of particular patent. On the behalf of that evidence the concern authority will make decision whether or not the application is rejected or pass for opposition. After passing patent opposition application, a type of legal notice is being sent to concerned parties require reverting with hiring process. The concerned parties need to response within 1 month from the date of sending notice.

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