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- Freedom-to-operate (FTO) Search [for Design]
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Patent Opposition/Revocation
Patent opposition is a process in which a third party raises objection for the grant of patent in favor of the applicant. Basically, once the applicant files an application for the patent, the patent office gives third parties a chance to oppose the grant of patent in favor of the applicant.
This is done to give a chance to the person to oppose the application if he thinks that the applicant is trying to copy their invention and is trying to infringe their earlier granted patent.
There are 2 types of opposition-
- Pre grant opposition – opposition which are filed before the grant of patent are called pre grant opposition
- Post grant opposition – opposition which are filed after the grant of patent are called post grant opposition.
As you can see, the patent office give 2 chances to the public to file an opposition for the grant of patent in favor of the applicant. The pre grant opposition can be filed any time before the grant of the patent, however, the post grant opposition has to be filed within the period of 1 year from the grant of opposition.
However, if someone fails to file for an opposition during this period, they can also file a petition for the revocation of patent.
We at Delhi IP assist our clients in filing the opposition/revocation if our client is of the opinion that someone is filing patent application for an invention similar to their own. We also assist our clients in defending the opposition/revocation if someone files opposition/revocation against the grant of patent in our clients favor.