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Once the patent application is published, an opposition may be filed within a certain time period prescribed under the applicable law. The opponent shall state the grounds for opposition and submit any evidence. If no opposition is filed during that period, the substantive examination will be carried out.
Any third party may challenge a pending patent application by filing a third party preissuance submission that includes prior art. The goal is to cause the examiner to reject the claims in the utility patent application, or prevent the applicant from obtaining broader claims.
As per rule 55 A, after the grant of patent but before expiry of period of 1 year after publication of grant of patent, any interested person may file post-grant opposition by filling Form 7 in duplicate along with fees, mentioned under Second Schedule of the Patent Rules, 2003 on the grounds listed in Section 25(2)
See MPEP 711.03(c). In addition to the petition and petition fee, appellant must file: (1) A request for continued examination (RCE) accompanied by a submission (i.e., a reply under 37 C.F.R. 1.111) and any applicable fees; or (2) an appeal brief and the appeal brief fee to reinstate the appeal.
9 reasons a patent application may receive a rejection from the Common USPTO Patent Rejections. Obviousness Rejection under Section 103. Novelty Rejection under Section 102. Inadequate Disclosure under Section 112. Non-Patentable Subject Matter Rejection under section 101. Lack of Utility rejection.
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You can bring this under attention of the Intellectual Property Office (IPO) if you believe that an invention is not patentable - ie., not new or inventive. This is known as making observations. Some of the grounds for opposing a patent application may be: Prior art or prior use - if the invention isnt novel.
The applicant can initiate an appeal by filing a notice of appeal and filing fee with the Patent Trial and Appeal Board (PTAB), with which the America Invents Act replaced what was previously the Board of Patent Appeals and Interferences.
Yes, 41.31 provides that an applicant, any of whose claims has been twice rejected, may appeal from the decision of the examiner to the Board by filing a notice of appeal accompanied by the fee set forth in 41.20(b)(1) within the time period for reply provided in the non-final Office action.

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