Einspruchs- und Beschwerdeverfahren

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.