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Oppositions and appeals
Prosecution of oppositions and appeals
  • To defend clients' industrial property rights.
  • To take action against third-party industrial party rights. A 9 month opposition period starts with the granting of the European Patent:
  • During this period (which cannot be extended), any third party can lodge an opposition to the EP Patent at the EPO by paying an opposition fee and submitting arguments.
  • If opposition or oppositions are lodged:
  • Start of opposition proceedings before the EPO (Opposition Division). These proceedings take place by correspondence – as a rule, they end with an oral hearing (Munich). Decision by the Opposition Division.
  • Three possible decisions:
    - Rejection of the opposition.
    - Maintenance of the patent in an amended form.
    - Revocation of the patent.
  • The written decision of the Opposition Division can be challenged by an appeal to a Board of Appeal of the EPO on payment of an official fee.
  • Appeal is possible by the patent proprietor or by the opponent.
  • Oppositions / Appeals in non-European patent proceedings can be lodged at national patent offices. The deadlines differ greatly from country to country. The opposition period in Germany, for example, is only 3 months.