Opinions

What is an opinion?

The Intellectual Property Office (IPO) provides an opinions service, which can be used to resolve issues regarding the infringement or validity of a granted patent. The service is designed to provide a quick, balanced, impartial and affordable assessment of the key issues of an actual or potential patent dispute.

An opinion is not binding because it is designed to help parties focus on the main issues in a dispute, and allows them to test the strength of their arguments without committing to full legal proceedings. It is intended to help parties to resolve patent disputes over validity or infringement before positions become too entrenched. An opinion relating to validity can consider only issues of novelty or inventive step.

Who can request an opinion?

Anyone may request an opinion on any UK patent, or any European patent which designates the UK. A patent holder can therefore request an opinion on his own patent, or may find that someone else has requested an opinion on a matter connected with his patent (in which case he will have the chance to comment fully). A third party may request an opinion on any patent without having to declare an interest. However, no-one is compelled to use or be involved in the procedures.

Please see the Opinions Manual for full details on how the opinions procedure operates

Can an opinion be challenged?

An opinion can be challenged in a number of ways. A patent proprietor or an exclusive licensee may, for example, in certain circumstances request a review of an opinion.