Reviews

If you do not agree with an opinion, you might want to challenge it. You can do this in a number of ways. If you disagree with an opinion that says a patent is valid, for example, you could file revocation proceedings in the court or with us. These might result in the patent being cancelled. If you disagree with an opinion that says a particular act infringes a patent, you might want to file proceedings seeking a declaration of non-infringement.  

Another way of challenging an opinion is to apply for it to be reviewed. A review consists of full legal proceedings here in the Intellectual Property Office. As a result of the proceedings, we will either agree with the opinion or we will set it aside.

We will not cancel a patent if we find it to be invalid nor will we award damages if we find a particular act infringes the patent. However if you decide to pursue either of these matters as a result of the review, then you can do so by filing revocation or infringement proceedings.  

Request a review

To apply for a review, you must be either the patent proprietor or an exclusive licensee, but even then, you can only apply for a review in certain circumstances.

Award of costs

If the opinion is upheld on review, you should be aware that you may have to contribute to the legal costs of any other party involved in the review. These typically might run to GBP £1000 or more.

What happens next?

If we proceed with your application for a review, find out what happens next.

How will the review proceedings be decided

Find out how the proceedings will be decided and what action you can take if you disagree with the hearing officer's decision.