The Ultimate Patent Guide
Your Patent Playbook & Answers to 100+ FAQs The Ultimate
Patent Guide
Your Patent Playbook & Answers to 100+ FAQs

What are the different types of patent oppositions?

Did you know there are different ways to oppose a patent? Understanding these ways and distinctions can be crucial when deciding whether and how to proceed with a patent opposition.
Patent oppositions are generally categorized into two main types based on the timing of the challenge:

1. Pre-Grant Opposition

This type of opposition allows you to challenge the validity of a patent application before it is granted. This can be advantageous as it potentially avoids the need to fight an already-granted patent and its associated enforcement measures. Pre-grant opposition can be based on arguments that the application:

2. Post-Grant Opposition

Post-Grant Opposition allows you to challenge the validity of a granted patent after it has been issued by the patent office. While this may seem like a later stage to challenge, it can still be a viable option depending on your specific situation. The grounds for post-grant opposition are generally more limited compared to pre-grant opposition, typically focusing on: Both pre-grant and post-grant oppositions typically have strict time limits for filing, so acting promptly is crucial.

Here’s a timeline for filing oppositions in USPTO and EPO

Patent Office / Jurisdiction Pre-grant timelines Post-grant timelines
USPTO 6 months after publication or the first rejection, whichever comes later 9 months after a patent grant
EPO Between the date of international publication and 28 months from the priority date of the international application Within 9 months of publication of grant in European Patent Bulletin
India Any time after the publication of the patent application and before it is granted Within 12 months from the date on which the grant of the patent was published in the Indian Patent Journal

The specific types of oppositions available and their associated procedures can vary depending on the national patent law of the country in question. Each type of opposition typically has different grounds for challenge and associated time limits.

Understanding the difference between pre-grant and post-grant oppositions is essential for determining the appropriate course of action when challenging a patent.

Have more questions ? Answers are a click away!

FAQ 77

What is
a patent of addition?

FAQ 78

What is patent landscape and do I need one?

FAQ 79

Patent benefits - beyond legal protection?

The Ultimate Patent Guide
Your Patent Playbook & Answers to 100+ FAQs
Supercharge your IP. Unleash Innovation.

Please check your answer
Schedule a Call

Schedule a Call

Schedule a Call