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Author Topic: post-opposition  (Read 1381 times)

rkakkad

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post-opposition
« on: 06-13-05 at 10:25 pm »
If prior art is discovered after a patent has been granted.. what is the procedure to challenge the patent?
would the state court have to be moved or the USPTO?
and is representation allowed or is opposition necessary?
Thanks.
-Ram.
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JSonnabend

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Re: post-opposition
« Reply #1 on: 06-14-05 at 05:08 am »
The standard procedure is a request for reexamination filed with the PTO.  If you have been threatened with suit by the patent holder, you may be able to bring an action in federal court seeking to declare the patent invalid.

- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
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rkakkad

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Re: post-opposition
« Reply #2 on: 06-14-05 at 06:23 am »
thanks jeff...
is there any time limit after the issue of the patent within which the action has to be taken?
regards,
ram.
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ambati9

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Re: post-opposition
« Reply #3 on: 03-23-06 at 06:19 am »
you can request the for reexamination before the expiry of the patent term.

With regards

BAbu
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