Patents

Patent Evidence Preparation

Highly skilled patent attorneys, providing personalised and commercially oriented services for patent submission, securement and defence.

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What Is Patent Evidence Preparation?

Patent evidence preparation refers to the process of gathering evidence in response to a patent opposition or to support the filing of an opposition. Evidence can also be lodged in relation to a patent re-examination or patent revocation action.

This evidence is intended to help prove, one way or the other, that the patent either meets patentability criteria or doesn’t and a patent shouldn't be granted.

Evidence used in response to or the filing of an opposition must meet certain criteria and be lodged in the correct form and format to be accepted and considered by IP Australia.

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When Is Patent Evidence Preparation Necessary?

As indicated above, patent evidence preparation is usually tied to patent opposition, re-examination or revocation.

Patent oppositions can be filed by anyone who believes that a certain patent application may negatively impact them, their existing patent or product, or if they believe the patent should not be granted for any reason.

To prove that you have grounds to oppose the granting of a patent or to respond to someone opposing your patent, you must supply proper evidence. IP Australia cannot consider any submissions that are not correctly filed in the form of evidence. Hence a failure to lodge evidence correctly can severely impact your position.

Evidence preparation is not only required to support your position of opposition but also in reply to whatever evidence is submitted by the other party.
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How Patent Oppositions Work

Oppositions are permitted to be filed against a patent within three months following IP Australia’s published acceptance of an application.

An opposition does not automatically see your patent application rejected, but it does necessitate a proper response as failure to respond to a patent opposition could see your patent application lapse.

Typically, you have three months to supply evidence in support of an opposition or in response to one. Following this, another three months is granted for both parties to review the supplied evidence and respond with additional proof as needed.

A further two months is given for evidence in reply following the last exchange.

This evidence is carefully reviewed by IP Australia and in some instances, a special hearing may be requested to resolve the opposition. The hearing allows both parties to summarise their case in front of the hearing officer and also allows the hearing officer to ask any questions of the parties.
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Can I Manage Patent Evidence Preparation Without Help?

While you may feel that you can properly prepare patent evidence in response to an opposition, re-examination or revocation, it is not recommended to do so without legal guidance.

A patent attorney is best placed to review the grounds for the opposition and advise on how to overcome concerns raised and what evidence is necessary.

Dealing with oppositions and evidence preparation is not only stressful but it can cause delays in securing proper protection of your valuable intellectual property.

Improperly prepared patent evidence can quickly see your application refused and the case closed and not in your favour. If you are a new applicant, this can completely derail your efforts to obtain a patent.

A patent attorney can oversee the entire process, ensuring detailed evidence supporting your position is provided and that all deadlines are met. This facilitates a more rapid resolution and gets your patent application processing back on track.
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IP Guardian - Qualified Patent Attorneys

A trusted name in patent law, IP Guardian guarantees zero compromises on service or outcomes and welcomes enquiries regarding any aspect of the patent process.

Backed by decades of combined experience in patent law, the team at IP Guardian offer extensive expertise in how to navigate patent evidence preparation.

Whether you want to oppose a published patent application or have received a notice of opposition in relation to your patent application, we offer unmatched advice and service that is tailored to meet your needs.

Dedicated and professional, we work closely with you to prepare patent evidence and straightforwardly manage oppositions with as little stress as possible.

We make it easier for Australian inventors to secure protection for their valuable IP through our commitment to providing qualified legal advice that is both accessible and affordable.
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