Google Inc. v David Brian Webber [2010] APO 17 (30 August 2010)
Opposition – request by opponent for extension of time to serve Statement of Grounds and Particulars – request by applicant for production of documents relevant to opponent's intention to serve Statement – identity of "opponent" and of opponent's "agent or attorney"
According to Section 59 of the Patents Act 1990, any person may oppose the grant of a standard patent. There is no requirement that an opponent be an interested party, or be aggrieved by the prospective grant of a patent.
There are therefore clear potential benefits in being an anonymous opponent, particularly in keeping the applicant guessing and on the back foot. And while the case discussed here turned out well for the unknown party, it does suggest some possible risks associated with anonymous opposition.
Opposition – request by opponent for extension of time to serve Statement of Grounds and Particulars – request by applicant for production of documents relevant to opponent's intention to serve Statement – identity of "opponent" and of opponent's "agent or attorney"
ANONYMOUS OPPOSITION
According to Section 59 of the Patents Act 1990, any person may oppose the grant of a standard patent. There is no requirement that an opponent be an interested party, or be aggrieved by the prospective grant of a patent.
It therefore sometimes happens that an interested party who wishes to remain anonymous will oppose by proxy through an agent, most commonly a patent attorney. Naturally, in such circumstances the patent applicant would prefer to know the identity of their "true" adversary. In some cases, the applicant may find itself in settlement negotiations with a party whose nature and commercial interests are completely unknown.
There are therefore clear potential benefits in being an anonymous opponent, particularly in keeping the applicant guessing and on the back foot. And while the case discussed here turned out well for the unknown party, it does suggest some possible risks associated with anonymous opposition.
