Patent oppositions can be made against an accepted standard patent application or a certified innovation patent. Grounds for opposition include the invention is not new and/or inventive, or the patent applicant is not the owner of the invention.
The notice of opposition must be filed within 3 months of acceptance of a standard patent following which evidence is required to be exchanged between the parties.
We represent clients in opposition proceedings and coordinate litigation disputes where necessary. Parties to an opposition sometimes wish to resolve the matter by settlement in which case we can assist clients with negotiation and the drafting of settlement agreements.
For more information, call us today on +61 2 9233 1411 or send us an online enquiry.
What rights does a patent provide?
A patent owner has the right to use the patented invention for 20 years (standard patent) or 8 years (innovation patent) exclusively in Australia. In other words, the patented invention cannot be commercially made, used, distributed, imported, or sold by others in Australia without the patent owner’s consent. The patent owner also give license others to use the invention or sell the right.
Do I really need a patent attorney?
Given the complexity of the requirements of patent documents and the degree of legal skills required, particularly in drafting claims, it is highly recommended your patent application is prepared by a registered patent attorney who has the necessary technical qualifications in the field of your invention. Note that all patent applications will be published after a certain period of time from the priority date. So an inadequately or poorly prepared patent application may result in facing rejection or obtaining a patent which scope is so narrow that it’s not worth, whereas your invention is fully disclosed to the world.