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Patent Opposition Services
Protect Your Innovations from Invalid Claims
Patent opposition is a critical step in safeguarding your intellectual property rights and ensuring that only valid patents remain enforceable. At Adastra IP, we help businesses, inventors, and organizations challenge patents that may threaten their market position or infringe on prior art.
What is Patent Opposition?
Patent opposition is a legal process that allows third parties to contest the validity of a granted patent. This procedure ensures that patents meet the required standards of novelty, inventive step, and industrial applicability. By filing an opposition, you can prevent competitors from enforcing patents that should not have been granted.
Why File a Patent Opposition?
- Prevent Market Disruption: Stop competitors from enforcing invalid patents.
- Protect Your Freedom to Operate: Avoid unnecessary licensing costs or litigation.
- Maintain Industry Standards: Ensure only truly innovative solutions receive protection.
Our Expertise
- Prior Art Search & Analysis: Identify documents and evidence to challenge the patent.
- Strategic Assessment: Evaluate the strength of your case and potential outcomes.
- Drafting & Filing Opposition: Prepare detailed submissions before the relevant patent office.
- Representation & Advocacy: Act on your behalf during hearings and proceedings.
When Can You File an Opposition?
- Post-Grant Opposition: Typically within a prescribed period after patent grant (varies by jurisdiction).
- Pre-Grant Opposition: In some jurisdictions, before the patent is officially granted.
Adastra IP has filed more than 300 PCT applications and as such we are well versed with PCT procedures.
Adastra IP has also successfully filed Article 34/Article 35 Amendments as per PCT regulation together with demand for preliminary examination, often resulting in overturning of the International Search Authority’s negative opinion.