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The process of examining an admissible request for revocation differs from the process of examining an admissible request for limitation. [29] As soon as a request for revocation is found to be admissible, the patent is revoked by the Examining Division. [30]
Administrative revocation or invalidation: Procedures allowing for the annulment of a patent outside the standard opposition period, typically involving administrative bodies or courts with the authority to revoke patents based on certain grounds. [12] Judicial proceedings: Generally, patents can also be challenged in a court.
If a party files an opposition to a European patent with the EPO, that party may in most countries (except in Germany [80]) also, in parallel, initiate a revocation action (also called "nullity action" or "validity proceedings") against the same patent before a national court (or the UPC). In such a case, the national court (or the UPC) may, at ...
It is a quasi-judicial process, subject to appeal, which can lead to maintenance, maintenance in amended form or revocation of a European patent. Simultaneously to the opposition, a European patent may be the subject of litigation at a national level (for example an infringement dispute).
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]
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.