This period is often accompanied by opposition procedures

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Or post-grant review mechanisms that allow third parties to present evidence of prior art or other grounds for invalidating the patent . How it affects invalidity: In such cases, a review is conducted during the post-grant period and any relevant evidence that could invalidate the patent is considered. For example, during an opposition procedure in the European Patent Office (EPO), prior art may be submitted to demonstrate that the patent should never have been granted.

The timing of the post-grant review plays a role in determining admissible prior art, as the validity of a granted patent is reviewed based on documents available up to the time of filing the opposition. Invalidity Search africa mobile whatsapp number Considerations: During this period, it is essential to review all prior art that may affect the validity of the patent, and searches should cover prior publications that were not initially considered or disclosed during the original examination process.




This ensures that invalidity searches conducted after grant or during opposition can effectively challenge the patent claims. 3.6. Prior Art vs. Public Use or Sale Public Use and Sale: In some jurisdictions, public use of an invention or sale of an invention prior to the filing date of the patent may invalidate the patent by virtue of the invention being publicly disclosed. This includes cases where the invention was commercially available or in public use before the application was filed.