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Guided answer

A competitor has opposed my patent application or patent

Pre-grant and post-grant oppositions follow different steps and clocks. Work out which one you face.

Defend the patent before the Opposition Board and Controller.

Urgent - a deadline or loss of rights may be close

  • The Controller notifies you, then constitutes an Opposition Board to examine the notice and recommend; after hearing both sides the Controller orders the patent to be maintained, amended or revoked (section 25(3)-(4)).
  • If the patent is maintained subject to amendments, it stands amended accordingly (section 25(6)).
  • The grounds are limited to those in section 25(2). Prepare evidence on each ground raised.

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