Patent Opposition & Revocation

The acceptance or grant of a patent can be formally challenged by filing patent opposition or revocation proceedings. If you’re considering this action or your patent is being challenged, our specialists and dispute resolution lawyers can help assert, protect and defend your patent rights.

Grounds for opposition or revocation

If someone thinks a patent application should not be granted, or that a granted application should be revoked, then patent opposition or revocation proceedings can be filed on any one or more of the following grounds:

  • The claims of the patent do not define allowed patentable subject matter
  • A claim is not novel, or does not involve inventive step
  • The person applying for the patent is not entitled to the invention
  • The details in the patent application are not specific enough for requirements
  • The person applying for the patent has attempted to obtain the grant of the patent by fraud, false suggestion, or misrepresentation
  • The invention has been secretly used in New Zealand before the priority date
  • Grant of the patent would be contrary to law

Filing a challenge

If you are concerned about the grant of a particular patent in New Zealand or Australia, please contact us. Our patent specialists would be happy to talk through the available options and the grounds on which you may be able to oppose or apply for revocation of a patent.

Defending a challenge

If your accepted or granted patent is being challenged, our patent specialists can guide you through the process and the options available to defend your patent.

For expert assistance, contact our specialist team today.

Meet our experts

  • Wes Jones
    Partner, Auckland

  • phone+64 9 359 7747
  • phonelink_ring+64 21 666 703
  • mail_outline.(JavaScript must be enabled to view this email address)
  • Chris Way
    Partner, Auckland

  • phone+64 9 966 9761
  • phonelink_ring+64 21 987 893
  • mail_outline.(JavaScript must be enabled to view this email address)