Australian innovation patent oppositions

If you have a query regarding patent oppositions, please contact us.

Innovation patents may be opposed at any time after they are certified. A valid innovation patent opposition requires a Notice of Opposition, a Statement of Grounds and Particulars (SOGAP), along with a copy of each document mentioned in the statement, and any Evidence in Support.

Within three months of the Notice of Opposition, the patentee must file Evidence in Answer (EIA) to the opposition. The opponent then has an opportunity, within two months of the filing of the EIA, to file Evidence in Reply (EIR), which is to be directed towards matters brought up in the EIA.

At this point, the procedure is the same as that of a standard patent opposition procedure.

However, it is possible for the patentee (owner) of an innovation patent to “up the ante” by initiating court proceedings, such as suing for infringement, which requires IP Australia to withhold from making a decision in the opposition (by virtue of s 101P of the Act).

Experienced Australian patent attorneys to care for your clients’ rights.