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Pre-grant opposition proceedings typically commence after the patent application has been published but before the substantive examination is completed by patent examiners. In some jurisdictions, the opposition period starts after a positive examination result, where the patent office indicates an intention to grant the patent. [1]
An opposition proceeding is an administrative process available under the patent and trademark law of many jurisdictions which allows third parties to formally challenge the validity of a pending patent application ("pre-grant opposition"), of a granted patent ("post-grant opposition"), or of a trademark.
The opposition proceedings may have one of three outcomes: The patent is maintained, i.e. upheld, as granted. This is the outcome if the opposition is rejected [43] or if the Opposition Division decides to discontinue the opposition proceedings. The Opposition Division may decide to discontinue the opposition proceedings notably if the sole ...
A re-examination is a proceeding conducted by the patent office after the grant of a patent in which the validity of a patent is re-examined at the request of the patentee or third party, [17] as provided by the applicable law. [27] In some countries, a re-examination system is provided as an alternative or complement to the opposition system ...
If opposition proceedings are initiated following the valid lodging of a request for limitation or revocation, the following applies: "if revocation is requested, such proceedings are to continue and the patent may be revoked"; [14] "if limitation of the patent is requested, limitation proceedings are terminated".
During appeal proceedings, oral proceedings may take place at the request of the EPO or at the request of any party to the proceedings, i.e. the applicant (who is, in pre-grant appeal, the appellant), or the patentee or an opponent (who are, in opposition appeal, [notes 3] appellant and/or respondent). [59]
During oral proceedings under Article 116 EPC in the context of opposition or opposition appeal proceedings, submissions by an accompanying person cannot be made as a matter of right, but only with the permission of and at the discretion of the EPO (i.e., under the discretion of the Opposition Division or the Board of Appeal). The submissions ...
As held in decision T 608/07 of 27 April 2009 (in opposition appeal proceedings), "[it] should be born in mind that [such an] ambiguity also relates to the scope of the claims, ie Article 84 EPC. Since, however, Article 84 EPC is in itself not a ground of opposition, care has to be taken that an insufficiency objection arising out of an ...