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The Access RegimePatent Law Reforms for Affordable Medicines$
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Feroz Ali

Print publication date: 2016

Print ISBN-13: 9780199463480

Published to Oxford Scholarship Online: April 2016

DOI: 10.1093/acprof:oso/9780199463480.001.0001

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Pre-grant Opposition

Pre-grant Opposition

Ex Ante Validation of Patents

Chapter:
(p.63) 3 Pre-grant Opposition
Source:
The Access Regime
Author(s):

Feroz Ali

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199463480.003.0003

This chapter justifies pre-grant oppositions as an efficient method of testing the ex ante validity of patents. An important feature of the pre-grant opposition is that it allows the public to participate in the grant of a patent. The premise of pre-grant opposition lies in the assumption that the competitors of the applicant are more likely to be more informed than the examiners in the patent office and are therefore in a better position to present prior art, especially in patents involving high-technology. Pre-grant opposition also paves the way for open prosecution of patents and incorporates a system of peer review. This chapter illustrates how pre-grant opposition proceedings test the continuing validity of the patent as opposed to its threshold validity. The United States’ thorny relationship with pre-grant opposition proceedings is also examined. It examines pre-grant opposition proceedings in India and summarizes the empirical findings on pre-grant opposition decisions in India.

Keywords:   pre-grant opposition, public, public participation, open prosecution, United States, empirical study

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