After you request an opinion

If we proceed with your opinion request, we will send a copy of all the documents we have received to other interested parties such as:

  • patent holder (including any exclusive licensee)
  • any holder of a licence or sub-licence
  • anyone who has filed a caveat relating to the request
  • anyone identified on Patents Form 17 as having an interest in the request

and will invite them to make observations on your request. We will also advertise your request on our website so that anyone else can make observations on it.

Refusal of a request

Under certain circumstances, for example when the issue in question has been decided before, we may think it right to refuse your request. If you disagree with us you will be given a chance to put your point of view in writing or at a hearing before a senior officer.

If we refuse your request, you may appeal our decision at the Patents Court External Link.

Withdrawal of a request

If you want to withdraw your opinion request, all you need to do is write to us and let us know. You can withdraw your request at any time, before or after we have advertised it.

We will notify relevant parties of the withdrawal and will update the register.

Issuing an opinion

When an opinion is ready, we will send a copy to:

  • you the requester
  • the patent owner(s) and any exclusive licensee (if not you)
  • anyone who filed observations

We will also advertise your request.

If you disagree with the opinion, you may be able to challenge it.