Sagacious IP

Patent Opposition

Retain exclusivity of your patent by opposing competitors trying to encroach on your IP. Whether the opposition’s patent is in a pre-grant or post-grant stage, Sagacious IP’s Patent Opposition service is designed to strategically keep the competition in check.

Patents Opposition services that are cost effective and result oriented

Did you know?

Opposition may be filed either via a pre-grant opposition or a post-grant opposition depending upon the stage of the patent that needs to be opposed. The opposition proceedings before the grant of a patent are called pre-grant oppositions and the opposition proceedings after the grant of a patent are called post-grant oppositions.

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Patent opposition refers to the act of raising objections against a patent grant. Issues with a patent can be raised against the accepted standard patent as well as a certified innovation patent. Essentially, patent opposition allows a third party to challenge the validity of a granted patent.

If any member of the public wants to raise opposition to a European patent granted under the European Patent Convention, he or she must file an opposition within nine months of the publication that highlights the patent grant.

In the US, an applicant can oppose a patent within nine months of the patent grant. It is important to note that the nine-month window to raise patent opposition cannot be extended.

Generally, the patent office notifies the patent applicant when a post-grant opposition is raised. This leaves the applicant with an option to file a response in support of his or her patent application.

The two main types of patent oppositions are pre-grant oppositions and post-grant oppositions. Notably, a pre-grant opposition allows third parties to oppose a patent grant right after publication of the patent application. While a post-grant opposition can be filed within 12 months from the publication date of a patent grant by giving a notice of opposition.

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