Monday, October 03, 2005

UK patent opinion, version of opposition?

Anyone may request an opinion on any UK patent, or European patent which designates the UK. The fee is £200 and after the request is filed, there is a short period for anyone to make observations on the request, and for the requester and patentee to make observations in reply.

The opinion will be written and issued by a senior patent examiner, who will consider the arguments set out in the request, as well as any observations filed. Patent examiners are graduate scientists and engineers who are responsible for the technical and legal scrutiny of patent applications in a particular field of technology.

The opinions service is a key feature of the Patents Act 2004, which modernises and improves patent law. The Act makes changes needed to bring our patents legislation into line with the revised European Patent Convention (EPC 2000), as well as introducing a variety of changes intended to help patentees enforce their rights and to modernise the patent system.

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The proposed US opposition procedure within HR 2795 does not allow "anyone" to make observations. The US procedure is more bilateral, between requester and patentee, and basically allows depositions and rebuttal depositions. The proposed US opposition procedure is more involved than a re-examination, but of less scope than a litigation. Apparently, the UK opinion extends to infringement questions, which are not within the scope of the current US re-exam or the proposed US opposition.

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