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Once a standard patent application is accepted, there's a window for third parties to oppose it before it grants. Our team at Brealant represents clients on both sides of Australian patent oppositions — bringing challenges and defending accepted applications.
Legal Definition of Patent Opposition
Opposition, under the Patents Act 1990, allows a third party to challenge an accepted standard patent application before IP Australia grants it.
No Retrospective Effect
Opposition can't undo a patent that has already been granted; a separate revocation action would be needed.
Cost and Time
A fully contested patent opposition commonly runs well over a year and involves significant professional costs.
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Contact
Reach out to Brealant about the accepted application you want to oppose, or the opposition you need to defend.
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Search
We review the application, cited prior art, and the surrounding technical field.
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Quote
Receive a staged service quote covering each phase of the opposition.
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Pay
Proceed with secure payment for the stage you're instructing us on.
File
Brealant files the Notice of Opposition, Statement of Grounds, or evidence, as relevant.
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Wait
Await IP Australia's process through each evidence stage; timing varies by case.
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Response
Receive the outcome — a hearing date, decision on the papers, or negotiated resolution.
In Australia, patent opposition follows a defined sequence: Notice of Opposition, Statement of Grounds and Particulars, then rounds of evidence in support, in answer, and in reply, before a hearing or decision on the papers.
Patent oppositions are technical and can be costly if fully contested, so it's important to weigh the strength of the grounds and the commercial impact of the patent proceeding to grant before committing. Brealant provides a merits assessment before recommending action.
Opposition is powerful, but it has real limits
Missed Deadlines
A Notice of Opposition must be filed within 3 months of acceptance being advertised — miss it, and the right is generally lost.
No Retrospective Effect
Opposition can't undo a patent that has already been granted; a separate revocation action would be needed.
Cost and Time
A fully contested patent opposition commonly runs well over a year and involves significant professional costs.
Burden of Proof
The opponent must prove its grounds with technical evidence — a weakly evidenced opposition is unlikely to succeed.
Partial Outcomes
Opposition may result in narrowed claims rather than outright refusal.
Brealant gives you a realistic view of the likely outcome, timeline, and cost before you proceed.
A well-run opposition protects a range of interests
Freedom to Operate
Preventing overly broad claims from restricting your own product or process.
Fair Competition
Ensuring only claims that genuinely meet the legal requirements proceed to grant.
Technology Field Integrity
Keeping the patent register reflective of genuinely novel, inventive contributions.
Your Commercial Plans
Protecting product launches or investments that could otherwise be blocked by an overly broad grant.
Brealant helps you weigh these interests against the cost and time of a contested opposition before you commit.
Opposition follows a defined, multi-stage process
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Notice of Opposition
Filed within 3 months of the application's acceptance being advertised in the Official Journal.
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Statement of Grounds and Particulars
Sets out the opponent's case in detail.
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Evidence Stages
Evidence in support, evidence in answer, and evidence in reply are filed in sequence.
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Hearing and Decision
IP Australia decides the matter on the papers or after a hearing.
Given the multiple evidence stages, a contested patent opposition in Australia commonly runs well over a year from Notice of Opposition to a final decision.
Costs scale with how far the matter proceeds
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IP Australia charges official fees for filing the Notice of Opposition and Statement of Grounds.
IP Australia charges official fees for filing the Notice of Opposition and Statement of Grounds.
Brealant scopes and quotes each stage separately, as the matter develops.
Brealant manages your opposition matter end to end, keeping you informed at each evidence stage and revisiting strategy as the technical case develops, so you can make informed decisions throughout.
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Any person can file an opposition — commonly competitors concerned about the scope of the claims being granted.
A Notice of Opposition must be filed within 3 months of the application's acceptance being advertised in the Official Journal.
Common grounds include lack of novelty, lack of inventive step, the claims not being supported by the specification, and other validity issues.
The application may be refused, or amended to a narrower scope, depending on the grounds upheld.
Given the multiple evidence stages, a contested opposition commonly runs well over a year from Notice of Opposition to a final decision.
It generally proceeds through a Statement of Grounds and Particulars, sequential evidence stages for both parties, and then a hearing before an IP Australia hearing officer.
Costs depend heavily on how many evidence rounds are needed and whether the matter proceeds to a hearing — Brealant provides staged estimates as the opposition progresses.
Yes, either party can appeal an adverse decision to the Federal Court of Australia.
Yes, oppositions often resolve through negotiation, such as narrowing the claims or a licensing arrangement, without proceeding to a full hearing.
Yes, the patent doesn't proceed to grant while a competing opposition is unresolved, so enforcement generally waits until it's decided.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business.
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
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