Question T – Answer

A patent on a method to heal wounds using turmeric has been granted in both Europe and in the U.S. in January 2001. You, as a person not involved at all in the alleged invention, have written evidence proving that the method was well-known not only in the mentioned places, but also in other parts of the world. You find out about the patent in August 2001. In the present circumstances you could:

Answer: 3
file an opposition against the granted patent before the European patent office alleging lack of novelty

Why? Opposition procedures, which are in place in many countries, allow public scrutiny of published patent applications or published granted patents for a limited period of time. The Europe patent office gives a 9-month period after the grant of a European patent to oppose the patent on certain grounds. In the United States, there is noopposition procedure. Instead, there is a re-examination procedure where anyone can request the re-examination of a granted patent by the patent office, but only on the grounds of prior art not considered by the examiner during the patenting process.

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