Opposition Procedure before the European Patent Office refers to a formalized process established by the European Patent Office (EPO) for challenging the validity of a granted European patent. This procedure allows any third party, such as a competitor or an interested party, to oppose a granted patent within a specific timeframe.
The opposition procedure begins when a written notice of opposition is filed by a third party against the granted European patent. The EPO then notifies the patentee, who can respond and defend the patent's validity. The entire process is conducted before the EPO's Opposition Division, which is a specialized department responsible for examining opposition cases.
During the opposition procedure, the parties involved can present arguments, submit evidence, and raise objections against the patent's claims, which can include challenging the novelty or inventiveness of the invention protected by the patent. The Opposition Division thoroughly examines the opposition and supporting evidence, considering the relevant patent laws and determining whether the opposition is substantiated.
If the Opposition Division revokes the granted patent entirely or partially upholds the opposed patent, either party can appeal the decision to the EPO's Boards of Appeal. The boards are independent bodies responsible for reassessing the case and making the final decision, which is binding for all parties involved.
Overall, the opposition procedure before the European Patent Office is a legal mechanism through which concerned parties can challenge the validity of a European patent, ensuring that only patents meeting the required legal criteria are maintained. It plays a vital role in maintaining the quality and reliability of European patents.
