European Patent Opposition and Appeal

After the European patent has been granted, it may be opposed by third parties – usually the applicant’s competitors – if they believe that it should not have been granted. This could be on the grounds, for example, that the invention lacks novelty or does not involve an inventive step. Notice of opposition can only be filed within nine months of the grant being mentioned in the European Patent Bulletin.

Decisions of the European Patent Office – refusing an application or limiting/revoking a patent are open to appeal. Decisions on appeals are taken by the independent boards of appeal. In certain cases it may be possible to file a petition for review by the Enlarged Board of Appeal. Our patent professionals can represent the applicant, the patent proprietor or the opponent in proceedings before the EPO.

For the details regarding European Patent Oppositions and Appeals please mention your questions or instructions via

Copyright © 2011 | Optimum Patent |