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Patent opposition proceedings are administrative mechanisms within the patent law framework that allow third parties to formally challenge the validity of a pending patent application (pre-grant opposition) or a granted patent (post-grant opposition).
An opposition proceeding is an administrative process available under the patent and trademark law of many jurisdictions which allows third parties to formally challenge the validity of a pending patent application ("pre-grant opposition"), of a granted patent ("post-grant opposition"), or of a trademark.
An inter partes review is used to challenge the patentability of one or more claims in a U.S. patent only on a ground that could be raised under 35 U.S.C. §§ 102 or 103 (non-obviousness), and only on the basis of prior art consisting of patents or printed publications. [3]
United States v. Glaxo Group Ltd., 410 U.S. 52 (1973), [1] is a 1973 decision of the United States Supreme Court in which the Court held that (1) when a patent is directly involved in an antitrust violation, the Government may challenge the validity of the patent; [2] and (2) ordinarily, in patent-antitrust cases, "[m]andatory selling on specified terms and compulsory patent licensing at ...
BioNTech has responded by challenging the validity of CureVac's patents and of its so-called German utility models, which are easier to obtain than patents but confer a shorter exclusivity period ...
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The doctrine of assignor estoppel is a doctrine of United States patent law barring a patent's seller (assignor) from attacking the patent's validity in subsequent patent infringement litigation. The doctrine is based on the doctrine of legal estoppel , which prohibits a grantor (typically, of real property) from challenging the validity of his ...
The purpose of the EPO opposition proceedings is to give members of the public, such as competitors of the patent proprietor, the opportunity to challenge centrally before the EPO the validity of a granted European patent. [8] [notes 1] No commercial or any other interest whatsoever need be shown. [3]