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Guiding Businesses

Patent opposition

Patent opposition, as the phrase suggests, means objecting to the grant of patent. The objection to the patent application can be before the patent is granted (Pre-grant opposition) and after the patent is granted (Post-grant opposition). In pre-grant opposition, anyone can file an opposition application with the Controller General of Patents after the respective patent is published, but before the office grants a patent. As far as Post-grant opposition is concerned, anyone can oppose the patent granted within one year from the date of publication of the grant of the patent.

What entails a patent application?

Opposing patent requires subtle manoeuvring and deft interpretation of laws along with drawing attention to why an invention doesn't deserve IP protection. IP law is progressive and catalyzes invention, but it can be equally detrimental for creativity if an undeserved invention receives refuge under IP laws.

How can we help?

We draft an opposition application based not only on our client's interest but keeping in view how the impugned patent will stymie the innovation for the entire industry. Our access to several patent databases enables us to devise the right strategy for opposing an application, which includes inputs from A.I. powered tools.

What are patent strength analysis and its significance?

A patent strength test analyzes the patent for its legal, technological, and commercial feasibility. Legal feasibility connotes how likely the patent will survive any patent opposition, or what are the possible grounds on which the patent will be opposed and the remedies available. Technological feasibility refers to the novelty of your invention when compared to your competitors and industry as a whole. How fast the technology landscape alters in your industry and analyzing the utility of your invention. Lastly, commercial feasibility indicates the value of your patent in the industry grounded in its utility. Commercial feasibility computes the value of the industry as a whole that gives you an approximate value of your patent.

Why is Patent Management essential?

Patent management incorporates the different phases from the inception of an idea to grant of patent and after that. Patent management is essential for an organization to generate maximum benefit by harnessing its IP assets.

An in-depth analysis of the patent portfolio enables the organization to identify the potential of its IP assets and identify the opportunities as well as holes vis-à-vis IP assets. We ensure that the patent portfolio is aligned with the organization's commercial interest.

How can we help?

Our all-inclusive patent portfolio strategy enables you to prioritize your patent filings, thereby giving you an edge over the competitors. You don't want crucial technology relevant to your industry, patented by your competitor; therefore, patent management is vital for the uninterrupted growth of your firm.

Questions that are the fulcrum of our Patent management strategy

  • What patents can you expand or evolve?
  • What can you cut that is no longer needed?
  • Which patents will become obsolete?
  • What's of most value?
  • What drives your business and aligns with goals?
  • Monetizing: licensing, sale, and patent litigation
  • Diversifying
  • Maintaining a competitive edge: where is the market headed?
  • Patents for protection versus defensively held patents
  • Patent enforcement and litigation.