News & Analysis as of

Patent Oppositions

Report Details Success of Japan's New Patent Opposition System

by Jones Day on

In Short - The Situation: Japan's new patent opposition system was introduced in 2015, and it runs concurrently with the country's previously existing patent invalidation system. The Result: According to a recently...more

EP Opposition and US Inter Partes Review Decisions Go Hand In Hand

It is often desirable to obtain patent protection for inventions both in Europe and the United States. As a result, competitors frequently look to Europe and the US as important jurisdictions for challenging the validity of a...more

Planning to Request Discovery for a European Patent Office Proceeding? Not So Fast, Rules the District of Massachusetts

The Hon. F. Dennis Saylor, IV of the U.S. District Court for the District of Massachusetts recently denied a petitioner’s request under 28 USC § 1782 to take discovery related to patent inventorship in connection with an...more

Sounds like a design opposition

by FPA Patent Attorneys on

There is no opposition procedure in the Australian design registration system, but the decision published in Alfred Kärcher GmbH v Jinping Zhu [2016] ADO 3 was the culmination of a process that sounded surprisingly like one....more

European Patent Office to Make Pan-European Revocation Proceedings Faster, More Efficient as of July 1

by Reed Smith on

European Patent Office oppositions are a very powerful way of litigating newly granted patents. In reality these are pan-European revocation proceedings, with profound strategic significance for life sciences companies – this...more

The European Patent Office introduces a “go-faster” opposition process

by Reed Smith on

The European Patent Office (EPO) has announced that from 1 July 2016, post-grant oppositions will be reformed so that they become significantly faster and more efficient. The effect of these changes is that in straightforward...more

IP Newsletter - July 2015

by Morrison & Foerster LLP on

In This Issue: - En Banc Federal Circuit Abandons “Strong” Presumption That a Limitation Is Not Subject to 35 U.S.C. § 112, Paragraph 6 - Supreme Court Rejects Belief of Invalidity Defense for Inducement in...more

Patent Opposition System - 2014 revision to Japan’s Patent Act introduces new method for challenging patent validity in an...

by Morrison & Foerster LLP on

The 2014 revision of the Japanese Patent Act created an Opposition System to provide a simpler procedure for third parties to challenge patent validity and amended the scope of the existing Invalidation Trial System. This...more

What Australian companies need to know about ‘patent oppositions’ in the US

by FPA Patent Attorneys on

Many Australian companies will be familiar with the pre-grant patent oppositions that are available under Australian law. Similarly, many Australian companies will be familiar with post-grant patent oppositions before the...more

Timely evidence needed for Australian Patent Oppositions

by FPA Patent Attorneys on

The Australian Patent Office is applying strict new requirements to obtain an extension of time to file evidence in an opposition proceeding. The effect of this change has been mitigated for some parties, as they have had the...more

New Zealand Patent Oppositions – What Counts As Evidence In Reply?

by FPA Patent Attorneys on

I continue my series of articles on the topic of New Zealand Patent Oppositions. This article discusses the limited scope of evidence in reply and the pitfalls of exceeding that scope....more

New Zealand Patent Oppositions – New And Improved (New Act Cases)

by FPA Patent Attorneys on

I continue my series of articles on the topic of New Zealand Patent Oppositions. My earlier articles as listed at the bottom of this article, describe the opposition regime under the existing legislation, the Patents Act 1953...more

New Paradigm In Australian Patent Oppositions

by FPA Patent Attorneys on

For many years the pre-grant patent opposition process has been a useful, but somewhat problematic mechanism for a person to challenge the validity of a patent application. As a specialist tribunal, the Patent Office could...more

IPR Petition Must Be Filed Within One Year of First Infringement Complaint Filed by Patent Owner

In a speedy dismissal of Patent Challenger’s arguments, Accord Healthcare was deemed time-barred from bringing an inter partes review, in a case styled as Accord Healthcare, Inc., USA v. Eli Lilly & Co. (IPR2013-00356),...more

Opposition Proceedings – Timing Changes

by FPA Patent Attorneys on

The new Regulations to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 that came into force on 15 April 2013 aim to reduce delay in opposition proceedings....more

NZ Patent Oppositions – Can I Use A Foreign Expert?

by FPA Patent Attorneys on

We continue in our series of articles on patent opposition in New Zealand. In our previous article, NZ Patent Oppositions – Why do I need expert evidence?, we discussed the crucial role that evidence plays in patent...more

NZ Patent Oppositions – Why Do I Need Expert Evidence?

by FPA Patent Attorneys on

In our continuing series of articles on New Zealand patent oppositions, we look at the topic of expert evidence and why it is critical to establishing obviousness....more

5 things ... US attorneys Should Know About The Australian Patent System

by FPA Patent Attorneys on

Good US practice will put your clients’ Australian applications on a strong footing, but this article highlights five points of Australian patent practice that will help you sound like an Aussie....more

NZ Patent Oppositions – What Are The Steps?

by FPA Patent Attorneys on

In our continuing series of articles on New Zealand patent oppositions, we summarise the procedure. In our earlier article NZ Patent Oppositions – when can I file?, two different types of oppositions are described and the...more

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