Patentability - Opposition and Reexamination

Opposition and Reexamination

Many national and regional patent offices provide procedures for reconsidering whether or not a given patent is valid after grant. Under the European Patent Convention, any person can file an opposition provided they act promptly after grant of the patent. In the United States, members of the public can initiate reexamination proceedings. Japan provides similar options as well.

Members of the public can also initiate lawsuits in the courts of various nations to have patents declared invalid.

United Kingdom patents can be reviewed by way of a non-binding opinion issued by the Patent Office, or by formal applications for revocation before the Patent Office or the Court. If the patent survives a revocation action, this is noted for future reference by way of a Certificate of contested validity.

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Famous quotes containing the word opposition:

    The opposition is indispensable. A good statesman, like any other sensible human being, always learns more from his opponents than from his fervent supporters. For his supporters will push him to disaster unless his opponents show him where the dangers are. So if he is wise he will often pray to be delivered from his friends, because they will ruin him. But though it hurts, he ought also to pray never to be left without opponents; for they keep him on the path of reason and good sense.
    Walter Lippmann (1889–1974)