How to Challenge a Design Patent Application

Mission Impossible: Can you block a design patent application? Design patent applications are not publicly viewable. It can be nearly impossible to figure out what design patent applications are pending. Suppose your competitor indicates that their product is patent-pending. If they filed a design patent application, you won’t be able to see it unless and […]

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Patent Opposition: Does it exist?

Can you file a patent opposition against a pending application? You may have heard of a trademark opposition as the way to challenge a trademark application, but is there an equivalent proceeding for challenging patent applications? Yes there is, but it’s not called a patent opposition. A few options exist, but they go by different […]

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How to challenge or oppose a pending patent application

Is there a way to challenge or oppose a patent application? Yes, any third party may file a preissuance submission to oppose a utility nonprovisional patent application. Timing is critical. Basically, you must challenge the patent application before it is allowed. Assuming that a Notice of Allowance has not yet been issued, you have at […]

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