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European Patent Convention, Part V, Opposition and Limitation Procedure (Art. 99 to 105) Guidelines for Examination in the EPO, section d : Guidelines for Opposition and Limitation/Revocation Procedures; Legal Research Service for the Boards of Appeal, European Patent Office, Case Law of the Boards of Appeal of the EPO (10th edition, July 2022 ...
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:
The Guidelines for Examination in the European Patent Office (or, for short, the EPO Guidelines) are general instructions, for the examiners working at the European Patent Office (EPO) as well as for the parties interacting with the EPO, [notes 1] on the practice and procedure at the EPO in the various aspects of the prosecution of European patent applications and European patents.
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 opposition must be filed within a specific period after the patent grant, commonly ranging from six to twelve months, depending on the jurisdiction. [1] Procedures: Similar to pre-grant opposition, the opponent submits a notice outlining the grounds for opposition with supporting evidence.
Rule 139 EPC contains two sentences, the first one providing for that, in general, "[l]inguistic errors, errors of transcription and mistakes in any document filed with the European Patent Office may be corrected on request", and the second stating that when the requested correction relates to the parts of a patent application or patent ...
The opposition procedure, governed by the EPC, allows third parties to file an opposition against a European patent within 9 months of the date of grant of that patent. [54] 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 ...
Guidelines for Examination in the EPO, section d-v, 4 : "Insufficient disclosure of the invention" (in opposition proceedings) Legal Research Service for the Boards of Appeal, European Patent Office, Case Law of the Boards of Appeal of the EPO (10th edition, July 2022), ii. c : "Sufficiency of disclosure"