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Overall, about 5.5-6% of the European patents granted by the European Patent Office are opposed. [45] [51] [78] Of those, over the course of 1980–2005, about 1/3 were revoked, 1/3 were maintained in an amended form, which generally means "reduced in scope", and 1/3 were maintained as granted, that is, the opposition was rejected.
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 ...
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:
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.
This is a list of decisions and opinions of the Enlarged Board of Appeal of the European Patent Office (EPO) in chronological order of their date of issuance. The list includes decisions under Article 112(1)(a) EPC (following a referral from a Board of Appeal), opinions under Article 112(1)(b) EPC (following a referral from the President of the EPO), "to ensure uniform application of the law ...
Since June 2012, [3] the Guidelines comprise eight parts, relating respectively to the formalities examination (Part A), the search (Part B), the procedural aspects of substantive examination (Part C), the opposition and limitation/revocation procedures (Part D), general procedural matters (Part E), the European patent application (Part F), patentability (Part G), and the amendments and ...
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]