Skip to main content

Thank you for visiting nature.com. You are using a browser version with limited support for CSS. To obtain the best experience, we recommend you use a more up to date browser (or turn off compatibility mode in Internet Explorer). In the meantime, to ensure continued support, we are displaying the site without styles and JavaScript.

  • Patents
  • Published:

The coming US patent opposition

Nature Biotechnology volume 23, pages 245–247 (2005)Cite this article

The features of a US post-grant patent opposition system are now being determined.

This is a preview of subscription content, access via your institution

Access options

Buy this article

  • Purchase on Springer Link
  • Instant access to full article PDF
Buy now

Prices may be subject to local taxes which are calculated during checkout

References

  1. See Derzko, N.M. & Behringer, J.W. Nat. Biotechnol. 21, 823–825 (2003).

    Article  Google Scholar 

  2. These reports can by found at http://www.uspto.gov/web/offices/com/strat21/action/sr2.htm (PTO report); http://www.ftc.gov/os/2003/10/innovationrpt.pdf (FTC report) and http://www.nap.edu/html/patentsystem/ (NAS report).

  3. See Cornish, K.V.J. Nat. Biotechnol. 18, 899–890 (2000).

    Article  Google Scholar 

  4. The text of HR 5299 can be found at http://www.townsend.com/files/patentreform.pdf

  5. In statutory terms, the issues of validity that could be considered during an opposition proceeding are the requirements for patentability set forth in 35 USC sections 101, 102, 103, 112 and 251 ¶4 (improperly broadened reissue claims) except 102 (c) (f) or (g) and the best mode requirement of section 112. Issues related to double patenting could also be considered.

  6. A patent interference is an administrative proceeding to determine who is entitled to a patent when multiple parties file patent applications for the same invention.

Download references

Author information

Authors and Affiliations

  1. Townsend and Townsend and Crew LLP, 379 Lytton Avenue, Palo Alto, 94301-1431, California, USA

    Ted Apple

Author notes

  1. The views expressed in this article are those of the author and not of Townsend and Townsend and Crew LLP or clients of the firm.

    Authors
    1. Ted Apple
      View author publications

      You can also search for this author in PubMed Google Scholar

    Rights and permissions

    Reprints and permissions

    About this article

    Cite this article

    Apple, T. The coming US patent opposition. Nat Biotechnol 23, 245–247 (2005). https://doi.org/10.1038/nbt0205-245

    Download citation

    • Issue Date:

    • DOI: https://doi.org/10.1038/nbt0205-245

    Search

    Advanced search

    Quick links

    Nature Briefing

    Sign up for the Nature Briefing newsletter — what matters in science, free to your inbox daily.

    Get the most important science stories of the day, free in your inbox. Sign up for Nature Briefing