Hearings

Typically there are two types of dispute that you might find yourself in:

• a disagreement with us regarding an objection raised against your patent application or patent, or
• a disagreement with someone else about a patent, for example an act of infringement or dispute about ownership.

If you find yourself in either of these situations, there are several ways in which we can help you resolve your dispute.

Request a hearing

…to resolve a dispute between you and the Office

Sometimes, while we are looking into your patent application or granted patent, we might have to object to certain things about it. You will always be given a chance to overcome these objections, but that may not always be easy. If that happens, you can ask for the matter to be referred to a senior officer at a hearing where you will be given the chance to present your arguments in person.

…to resolve a dispute between you and someone else

You may also find yourself in dispute with someone else over a patent or patent application. If this happens, we might be able to help settle the dispute, but only if you refer the matter to us. If you do, then we will give both sides an opportunity to put their case to a senior officer at a hearing, often known as an "inter partes hearing". Having heard both sides of the argument, the hearing officer will issue a decision that is binding on both parties.

Alternative methods of dispute resolution

Request an opinion

If you are involved in a dispute with someone else about infringement of a patent or the validity of a patent and want to try to resolve this without getting involved in full legal proceedings you might want to consider asking us for an opinion.

Mediation

Mediation is a form of alternative dispute resolution ("ADR"). It allows opposing parties to discuss the dispute with a mediator. The mediator will facilitate an exploration of the issues behind the dispute as well as any possible solutions. There are many benefits to mediation, including being able to resolve a disputes spanning several countries, and can result in "win-win" solutions. Mediation also offers the opportunity to explore other non-patent related disputes at the same time. Mediation is not binding on the parties and, if mediation fails, both parties can refer the matter to the Office or to the courts. To provide parties with an opportunity to mediate we have set up our mediation service.