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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 ...
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.
Post-grant opposition occurs after a patent has been granted, providing a window during which third parties [17] can contest the validity of the patent. [25] This procedure allows challengers to present arguments and evidence to the patent office , aiming to revoke or amend the granted patent if it is found to lack novelty, inventive step, or ...
The opposition rate (i.e. the number of oppositions filed per 100 granted patents) before the EPO is consistently higher in the closest available proxy for the pharmaceutical sector than it is in organic chemistry and in all sectors (overall EPO average). [79] The success rate depends however on the technical area (i.e., on the IPC classes). [45]
The EPC of 1973 made no provision for a limitation procedure, [6] and a fortiori no provision for centrally limiting a European patent before the EPO after the nine-month period for filing an opposition (nine months as from the date of grant of the European patent). The travaux préparatoires laid out the rationale for a limitation procedure:
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]
During opposition proceedings, the patent proprietor may only amend the description, claims and drawings of the European patent if "the amendments are occasioned by a ground for opposition under Article 100, even if that ground has not been invoked by the opponent". [31]
Japan provides similar options. In India, the Patent Act provides for a dual opposition system i.e. pre-grant opposition as well as post grant opposition. While a pre-grant opposition may be filed by any person, the post grant opposition may only be filed by a person interested in the field of invention. [2]