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The notice of opposition to a European patent must be filed in writing at the EPO (either at Munich, The Hague or Berlin), along with the payment of an opposition fee, within nine months from the publication of the mention of the grant of the patent in the European Patent Bulletin. [5]
In some jurisdictions, the opposition period starts after a positive examination result, where the patent office indicates an intention to grant the patent. [1] Procedures: An opponent must file a notice of opposition within a specified time frame, stating the grounds for opposition and providing supporting evidence.
Framework of opposition and appeal, insofar as the extent of the opposition is concerned: "The power of an Opposition Division or a Board of Appeal to examine and decide on the maintenance of a European patent under Articles 101 and 102 EPC depends upon the extent to which the patent is opposed in the notice of opposition pursuant to Rule 55(c ...
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]
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]
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:
Based on the intention to grant notice, the Company expects the EPO to issue a patent January 16, 2025. “We have continued to make encouraging progress in our initiative to bolster our global patent estate covering our innovative pipeline of NKT cell modulators and library of over 500 proprietary compounds.
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.