Post-Grant Opposition: Revolution Or Evolution?

Law360, New York (April 7, 2006, 12:00 AM EDT) -- * What Distinguishes An Opposition From An Interference? *

Many interferences are provoked in order to attack the validity of a patent. That is, they are intended to be “cancellation” proceedings. A party choosing that route must:

1. Own a pending application (even a reissue application);

2. Present a claim for the “same or substantially the same subject matter” as is claimed in the patent within one year of the grant of the patent or the publication of the application;

3. Prosecute at least one such...
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