Australian Patent Oppositions

It is possible to oppose a patent in Australia up to three months after the patent application has been accepted for grant, for standard patent applications, and at any time after certification for innovation patents. There are a number of advantages in choosing to oppose a patent application rather than filing third party observations. These advantages include:

  • preventing the other side from attempting to deal with relevant prior art in prosecution, when you have no say over how that prior art is applied;
  • being able to challenge the patent application with direct evidence from a person skilled in the art; and
  • as an opponent, having a better negotiation position for any potential settlement.

Some basic information on the procedures involved is set out here:

-> Australian Standard Patent Opposition Procedure

-> Australian Innovation Patent Opposition Procedure

 

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