There’s no better time than the present in establishing that when your creativity is under attack, this needs to be stopped immediately. Copyright Litigation Services provided by TrademarkIndia help you assert your rights and guarantee your invention’s safety. Regardless of whether you have an issue with piracy, sharing or copying of your material, we are ready to advise you on the many issues of copyright law.
Patent opposition is in essence a legal process whereby third parties are allowed to neutralize the grant of a particular patent or a patent application. This mechanism is very important in a way that only meritorious inventions which have the potential to be unique in the market will be granted protection by the patent system. Patent opposition is a legal proceeding where if a person feels that a patent ought not to have been granted – say because the invention is unoriginal, obvious or does not have a practical use in industry – they can file an opposition.
Opposition is a crucial part of ensuring that there is credibility regarding the matters of patents. Here’s why it matters:
Prevents Unjust Patents: It assists in preventing the grant of patents on inventions that do not satisfy the legal requirements, nature, quality or kind such as novelty or non-obviousness.
Protects Public Interest: In so doing, it opens an opportunity for third parties to oppose what they consider to be unjustified patents in order that the general public is not unduly fettered.
Encourages Fair Competition: For it protects individual companies from monopolizing markets through patents that ought not to have been issued in the first place, it encourages competition.
There are two main types of patent opposition: There are two main types of patent opposition:
1. Pre-Grant Opposition
Opposition may occur before the grant of the patent where it takes place after the publication of the application but before the patent is issued. It also permits any third party to object to the application on a variety of pre-scribed grounds such as novelty or obviousness. This process assists in the elimination of applications that should not go to grant.
2. Post-Grant Opposition
Opposition takes place after a grant of the patent has been awarded but before the grant of a certificate of infringement or registration of the patent. Every year any interested person may appeal against the grant of a patent in the belief that it was wrongly granted. If so it results in the cancellation or alteration of the patent.
Here’s a quick overview of the steps involved in opposing a patent:
1. Filing the Opposition Notice:
The opposition process starts with the filing of a notice of opposition. The facts and allegations on which the opposition of the patent is based are described in this document and the opposition has to be supported within the given period.
2. Submitting Evidence:
This one is presented with details from both sides; the opponent and the patent holder produce evidence. This finally comes with the opponent substantiating evidence on why the patent should not be issued, while the holder of the patent responds to the points of the opponent.
3. Hearing:
Inter-party hearings may be conducted where the two parties or either of them may call on the patent office to advance arguments. This is also a chance to explain certain matters and answer the questions, the examiner might have.
4. Decision:
Finally, the patent office makes a verdict after going through the proofs and the arguments and presenting them. Based on the realizations the patent may be sustained, altered, or cancelled.
If your copy right has been infringed, this is the time not to wait to make your stand. Consult TrademarkIndia today for your case and for the possibility for litigation and opinion for copyright of your choice. Our dedicated team is here to come to your defense and to make certain that you are receiving all the legal protection for your creations.
TrademarkIndia – Defending Creativity, Enforcing Rights.
