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Submissions - third party challenges A number of submissions acknowledge changes to the re-examination and opposition provisions as a result of the Raising The Bar Act.
Some suggest improvements to the opposition system, such as by introducing post-grant opposition.252 However, there is a general consensus that any reform to these systems would be premature before the consequences of the Raising The Bar changes have been assessed. GMiA submits that non-judicial systems of examination (including third party notification), pre-grant opposition, and re-examination overall provide a relatively rapid and inexpensive means for challenging and determining the validity of a patent claim. However, GMiA edu econ generic xanax submits: Even in light of [the Raising The Bar changes], the systems do not provide the required certainty or a workable alternative to hydrocodone bitartrate and acetaminophen tablets 325 litigation... In reality, the only issues that are likely to be settled at this stage are those that are clearly untenable.
All others will be subject to re-hearing in Court.253 More specifically, GMiA makes the distribution phentermine viagra xanax following points: • hydrocodone bitartrate and acetaminophen tablets 325 re-examination findings are not subject to challenge or opposition, and the proceedings are ex parte254 so the public has little/no involvement in the examination process. The Panel notes that the patentee can appeal an adverse re-examination finding, and any party can oppose an amendment to the patent arising from re-examination; •appeal on oppositions/re-examinations to Courts serve to delay public certainty regarding the scope of the patent, and also delay infringement/revocation decisions on the in long stays system xanax other criteria for validity that are currently not grounds for re-examination or opposition. The Panel notes that the Raising The Bar amendments are reducing these limitations; and •time and resource constraints restrict the ability of patent examiners to perform robust examination. There is therefore no assurance of examiners granting strong, defensible patents. GMiA suggests that these constraints may undermine trust in IP Australia's internal examination processes, resulting in parties preferring to have their validity concerns heard by the Courts.255 However, in public hearing submissions Jacinta Flattery-O'Brien of Shelston IP suggested that unsuccessful opposition or re-examination challenges may hold some weight in later litigation proceedings (to the detriment of the challenger), as it is seen as a re-affirmation of the validity of the patent by IP Australia.256 8.1.hydrocodone bitartrate and acetaminophen tablets 325 5. Analysis A major limitation of the pre-grant opposition phentermine quick viagra xanax system to date is that it typically takes two to three years before a hearing is held. The Raising The Bar changes need time to take effect before their success in hydrocodone bitartrate and acetaminophen tablets 325 reducing this 2 order phentermine period can be determined. The Panel notes that the Advisory Council on Intellectual Property (ACIP) briefly considered the introduction of a post-grant opposition system in 2010.
ACIP found that most countries that have an opposition system have a post-grant one.
Over 5% of all patents granted by the European Patent Office are opposed using its post-grant system, a significantly higher proportion than in Australia.
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