Home | Databases | WorldLII | Search | Feedback Edited Legal Collections Data

"Opposition stage" [2020] ELECD 145; in Muller, O. Marcus; Mulder, A.M. Cees (eds), "Proceedings Before the European Patent Office" (Edward Elgar Publishing, 2020) 21

Book Title: Proceedings Before the European Patent Office

Editor(s): Müller, O. Marcus; Mulder, A.M. Cees

Publisher: Edward Elgar Publishing

Section: Chapter 3

Section Title: Opposition stage

Number of pages: 84

Abstract/Description:

Grant proceedings start with a search followed by substantive examination which hopefully results in the grant of a European patent. Thereafter, opposition proceedings may be initiated. Such opposition proceedings can lead to three possible outcomes, namely, first, the patent can be maintained as granted, implying that the opposition is rejected, second, the patent can be maintained in amended, i.e. in restricted form, and third, the patent can be revoked (see Figure 3.1). At the start of the opposition proceedings, the opposition will be allocated to an opposition division. As a first step, the admissibility of the opposition will be checked and, if the opposition is admissible, substantive examination will start. In principle, three possible ways to proceed are available to the opposition division in this respect (see Figure 3.2).