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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 hydrocodone apap 10mg 325mg tabs no assurance of examiners granting strong, defensible patents. GMiA suggests that these constraints may hydrocodone apap 10mg 325mg tabs 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 8.1.5. Analysis A major limitation of the pre-grant opposition 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 reducing this 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 my experience phentermine 72905 adipex by the European Patent Office are opposed hydrocodone apap 10mg 325mg tabs using its post-grant system, a significantly higher proportion than in Australia. However, ACIP found little justification for Australia to move to a post- grant system and recommended that the situation be monitored.257 The Government accepted this recommendation.258 Third party re-examination has rarely been used as an approach to resolving patent disputes. It takes IP Australia an average of 13 weeks to issue a first reexamination report. The Panel suggests that re-examination may be used more by the pharmaceutical industry if this period was reduced. However, the ex parte nature of re-examination may be the most significant factor against its use. For example, a patentee may appeal the decision of the Commissioner on reexamination to the Federal Court. A third party, however, has no right to appeal against the decision of the Commissioner on re-examination. The only recourse for a third party is to apply for revocation under s.138 of the Patents Act. It appears that the attractiveness of non-judicial third party challenge mechanisms is limited because they do not provide an acceptable degree of certainty to either the patentee or third party. Re-examination decisions may be appealed by the patentee and opposition decisions may be appealed by both the patentee and third party. Lengthy delays may result hydrocodone apap 10mg 325mg tabs and prolong the period of uncertainty.

This is not an issue that can be addressed, because IP Australia decisions must be subject to appeal. The Panel considers that IP Australia should continue to tighten up its opposition and hydrocodone apap 10mg 325mg tabs re-examination processes to reduce delays.



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