Patents

Patent Oppositions

Highly skilled patent attorneys, delivering personalised, business-oriented services related to patent registrations, processing and defence.

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What Is Patent Opposition?

Patent opposition refers to any issues raised against the granting of a patent. A type of formal objection, patent oppositions can be made following a patent’s publication of acceptance in the Australian Journal of Patents.

Oppositions must be initiated within three months of the initial publication of acceptance and the onus is on the Opponent to show why the patent should not be granted. This usually involves the opposition being accompanied by declarations and or documents in support of any allegations being made.

Grounds for opposition for a patent may include a challenge of ownership for the invention, that it is not novel or not inventive enough to be patented.
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How Does Patent Opposition Affect You?

If you have applied for a patent and successfully gotten it to the acceptance stage, receiving a notice of opposition to your patent can be incredibly frustrating.

This further delays the granting of your patent and requires you to respond within a given timeframe with evidence refuting the opposition.

Time-consuming, stressful and with the potential to impede the protection of your valuable innovation, patent oppositions are a serious cause for concern.

Failure to properly address the opposition can lead to a lapse of your application entirely and will leave your innovation open to being infringed upon with no legal recourse to prevent it.
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Can I Respond To A Patent Opposition Myself?

As a patent applicant, you absolutely can manage a response to an opposition yourself if desired, however, we recommend against this.

Understanding how to adequately respond to each step of the process and which evidence to include and when, can be a challenge, particularly given the short three-month timeframes for most stages. Any errors, missed deadlines or evidence to support the granting of your patent could see your patent application rejected and costs awarded against you.

Additionally, the longer the issue takes to resolve, the longer your innovation is without protection and the more time and money you unnecessarily lose.
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How A Patent Attorney Can Help

The best course of action when dealing with a patent opposition is to engage the support of a qualified patent attorney.

Highly skilled experts in patent law, a patent attorney is able to quickly assess any oppositions and accurately prepare a strong defence.

This can see any oppositions raised being swiftly countered and resolved, with your patent back on track to being granted as rapidly as possible.

Opting to submit your patent initially with a patent attorney can also aid in faster processing while also reducing the potential for opposition. This is due to more accurate checks being performed and greater diligence in applications overall.

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IP Guardian - Leading Patent Attorneys

With an in-depth understanding of every facet of patent law and having decades of combined experience between them, the team at IP Guardian are the experts you can count on.

Offering unmatched service and tailored advice, we guarantee to manage any patent oppositions robustly and with utmost efficiency. Whether you lodged your patent application with our support initially or independently, we are more than happy to assist.

Professional and dedicated, we operate with the utmost integrity at all times and are committed to making essential legal advice easily accessible and affordable for Australian business owners.

Never compromising on quality or outcomes, we’re the team you can trust to manage every aspect of your patent from start to finish.
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