Oppositions
Oppositions - Griffith Hack
| Opposition to a standard patent application is made by filing a 'Notice of Opposition' within three months of the date on which the Patent Office advertised acceptance of the patent application. The opponent must serve a Statement of Grounds and Particulars on the patent applicant within three months of filing the Notice of Opposition. The Statement must set out each of the grounds of opposition relied by the opponent. Each ground should have at least one particular, such as the documents relied upon. Evidence in Support should be served on the applicant within three months of the Statement of Grounds and Particulars being served. Once the Evidence in Support has been served, the applicant has three months to serve Evidence in Answer to the opponent’s case. The opponent may serve Evidence in Reply within three months of Evidence in Answer being served, however the Evidence deadlines can be extended in certain circumstances. All the evidence must be in the form of statutory declarations. The Evidence in Support normally includes an expert analysis of the scope of the claims as accepted and a detailed submission as to how prior art documents or acts relate to the claims. After the evidentiary steps have been completed, the opposition is heard before a delegate of the Commissioner. A written decision is issued after the hearing. |
| Click here for further information on Patent Oppositions. |
Contacts
Amanda Stark
BSc (Biochem) European Patent Attorney, UK Patent Attorney, FIPTA
Principal
Melbourne | 03 9243 8300
John McCormack
BSc (Hons) FIPTA DipEd FAEIPTA
Principal
Melbourne | 03 9243 8300
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