Request a review of an opinion

If an opinion has been issued on a patent, the patent holder or exclusive licensee can apply for a review of that opinion. An application for a review should be filed within three months of the date the opinion was issued. The three month period starts running on the day the opinion is issued, for example, if an opinion is issued on 15 January, a review must be filed by 14 April. The patent holder or exclusive licensee may only apply for a review if they consider that.

• the opinion wrongly concluded that the patent was invalid or partially valid or
• the opinion wrongly concluded that a particular act did not or would not infringe the patent

The application cannot raise issues that have already been decided by the courts or us in other proceedings.

To make an application, the following items should be completed and sent to us:

• 2 copies of form 2 with the fee of GBP £50
• 2 copies of a statement explaining fully the reasons for making the application. Details of any proceedings that may relate to the review must also be included.
• 2 copies of any documents referred to in the statement

What happens next?

If we proceed with the application for a review, we will send a copy of Patents Form 2, the statement and any other documents filed to:

• the person who made the original request for an opinion, unless this is the person who requested the review
• anyone who filed observations

and will invite them to file a statement supporting the application, or a counter-statement opposing it. They will have:

• four weeks from the date of advertisement or
• two months from the date the opinion is issued, whichever is the later

in which to file a statement supporting the application, or a counter-statement opposing it.

If someone files a statement or counter-statement, we will send a copy of it to the person who requested the review. The proceedings will then involve the requester and the party or parties who filed a statement or counter-statement. If no-one files a statement or counter-statement, the proceedings will just involve the person who requested the review.

We will also advertise the application on our website.

How will the review proceedings be decided?

A hearing will usually be appointed, although we can base our decision on the filed papers if all parties agree. In either case we will issue a decision, advertise it on our web site and record the outcome of the review in the patents register.

Appealing a decision on a review

It may be possible to appeal the decision but the circumstances are limited. Only the patent owner or an exclusive licensee has the right to appeal, but appeals may only if made if the decision upheld the opinion in whole or in part. An appeal must be filed within the time limit set out in the review decision, which appears in the advertisement of the decision.