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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 ...
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 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.
In addition, Rule 80 EPC limits the types of amendments that can be done during opposition proceedings before the European Patent Office (EPO), and Rule 139 EPC relates to the correction of errors in documents filed with the EPO.
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.
The opposition procedure allows any person except for the patent proprietor to oppose a granted European patent in an attempt to have the EPO revoke or amend the patent. The opposition procedure may only be initiated within nine months of the grant of the European patent. [8] The limitation and revocation procedures allow the patentee to ...
Paper C (5½ hours [15]) consists in drafting a notice of opposition to a European patent. The exercise is based on a fictitious letter from a client, a European patent to be opposed, several documents and an EPO opposition form. For paper C also, the problem-and-solution approach must typically be used for the inventive step assessment(s). [18]