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| Prosecution of oppositions and appeals |
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- 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.
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