Thursday, February 09, 2006

UK PATENT OFFICE PUBLISHES RESULTS OF "EXPERT OPINIONS" ON PATENTS: Last autumn, the UK Patent Office initiated a new opinions service which allows anyone to ask the Patent Office for an "expert opinion" on an issue of patent infringement or validity.

The service is intended to help parties test the strength of their arguments at the Patent Office before, or instead of, resorting to litigation. Both sides of a dispute are allowed to submit arguments to a senior examiner before the opinion is finally issued. Anyone may request an opinion on any UK patent, or European patent which designates the UK. The cost for the service is £200 and after the request is filed, there is a short period for the public to make further observations on the request, and for the requester and patentee to make arguments in reply. Currently, the time period for an opinon to issue is 12 weeks.

So far, a total of six opinions have been requested since the service was launched, and requests have been made by both patent holders and third parties. This program has generated a great deal of interest from other UK patent holders and intellectual property professionals, and it is anticipated that the requests will increase as more information about the program becomes available.

The UK Patent Office has made the opinions publicly available on their web site, and include both infringement and invalidity opinions. To view the opinions, click here.

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