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In addition to opposition proceedings, several other mechanisms enable third parties to influence the patent granting process or challenge patents: Third-party observations : Individuals or entities can submit observations on the patentability of an invention during the examination phase, providing relevant prior art or arguments without ...
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".
This contrasts with oral proceedings held before an Examining Division, which are not public. [61] The list of public oral proceedings in appeal is available on the EPO web site. [62] The right to oral proceedings is a specific and codified part of the procedural right to be heard. [63] Oral proceedings may also be held by videoconference. [64]
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]
Exceptionally, the Opposition Division may in application of Article 114(1) EPC consider other grounds for opposition which, prima facie, in whole or in part would seem to prejudice the maintenance of the European patent. Fresh grounds for opposition may be considered in appeal proceedings only with the approval of the patentee [By application ...