Integrating Public Health Concerns into Patent Legislation in Developing Countries
(2000; 140 pages) [French] [Spanish] View the PDF document
Table of Contents
View the documentTHE SOUTH CENTRE
View the documentFOREWORD
View the documentACKNOWLEDGEMENTS
View the documentGLOSSARY*
Open this folder and view contentsI. INTRODUCTION
Open this folder and view contentsII. PATENTABLE SUBJECT MATTER
Open this folder and view contentsIII. SCOPE OF CLAIMS
Open this folder and view contentsIV. PATENTABILITY REQUIREMENTS
Open this folder and view contentsV. SPECIAL CASES IN PHARMACEUTICALS
Open this folder and view contentsVI. DISCLOSURE
Open this folder and view contentsVII. EXCEPTIONS TO EXCLUSIVE RIGHTS
Close this folderVIII. EXAMINATION AND OBSERVATION PROCEDURES
View the documentVIII.1 Options - Third Parties Opposition
Open this folder and view contentsIX. CLAIMS INTERPRETATION
Open this folder and view contentsX. COMPULSORY LICENSING
View the documentXI. FINAL REMARKS
View the documentREFERENCES
View the documentBACK COVER
 

VIII.1 Options - Third Parties Opposition

Possible texts to deal with this issue may include the following options:

Third Parties Opposition
Model Options

1. Any interested person shall have the right to file observations on an application, within ... days from the publication of the application, if such person deems that the invention does not meet any of the patentability requirements or that the application does not comply with other provisions of the law. In examining the application, the Patent Office shall take into consideration the reasons alleged by the third party.

2. After the granting of a patent, any interested person may apply for an order before the Patent Office to revoke the patent on any of the grounds upon which the grant of the patent could have been refused.

Where observations or an application for revocation are made under this section, the Patent Office shall notify the applicant or the patentee, and shall give him an opportunity to be heard before deciding the case.

Option 1 stipulates an ex-ante system of opposition. Under this system, the observations by third parties would be submitted after publication of the application and before granting of the patent. It is important in this case to make it clear that the examiner is obliged to take into consideration the observations made, either to admit or disregard them.

Option 2 provides for the revocation of a granted patent on the basis of administrative procedures. This would save challenging parties the cost of initiating a judicial procedure and in most cases speed resolution of challenges. Timing is crucial in resolving patent challenges, since the patents are presumed valid until revoked.

 

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