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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.
A pre-grant representation against my pending applicationThe Controller found a prima facie case← back a step
Reply within two months of the notice.
Urgent - a deadline or loss of rights may be close
- You may file a statement and evidence within two months of the notice, with a copy to the opponent (rule 55(4)).
- After considering the filings and any hearing, the Controller may reject the representation, require amendments to the complete specification or other documents before grant, or refuse the patent. The decision is a speaking order that decides the application and the representation together, ordinarily within one month after the proceedings end (rule 55(5)).
- Decide early whether to defend the claims as filed or amend; an amendment may narrow protection.
- Engage an advocate, patent attorney or registered patent agent now.
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Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.