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The validity of a European patent can be scrutinised both at the national level, before a national court, and at the international level, before the European Patent Office during opposition or before the UPC. The same is not true for infringement proceedings, upon which national courts and the UPC exercise exclusive jurisdiction.
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.
Timeframes for filing opposition: The period during which an opposition can be filed may commence immediately after the publication of the patent application, after a positive examination result, or following the grant of the patent. The duration of this period varies, typically ranging from two to six months for pre-grant oppositions and six ...
In the European Patent Office, for example, any person may file opposition to the grant of a European patent within nine months from grant. [26] In Israel, a third party may oppose an allowed application for three months after publication of the allowed application. [25]
A characteristic of European patent law as it stands today is that European patents granted by the European Patent Office (EPO), and patents granted by national patent offices are available, [3] and may possibly –if permitted by national law and, if so, to the extent permitted by national law [4] – co-exist within a given jurisdiction.
EPO headquarters in Munich, Germany, where the Boards of Appeal were based until 2017.. Decisions of the first instance departments of the European Patent Office (EPO) can be appealed, i.e. challenged, before the Boards of Appeal of the EPO, in a judicial procedure (proper to an administrative court), as opposed to an administrative procedure. [1]
The European Patent Office (EPO) [notes 1] is one of the two organs of the European Patent Organisation (EPOrg), the other being the Administrative Council. [4] The EPO acts as executive body for the organisation [5] [6] while the Administrative Council acts as its supervisory body [5] as well as, to a limited extent, its legislative body.
Under the new rules, if the claims as filed in a European patent application contain a plurality of independent claims in the same claim category and if the EPO considers in that case that the claims therefore do not comply with Rule 43(2) EPC, the EPO may "invite the applicant to indicate, within a period of two months, the claims complying ...