Opposition proceeding
Encyclopedia
An opposition proceeding is an administrative process available under the patent
and trademark
law of most jurisdictions which allows third parties to dispute the validity of a granted patent or trademark.
under the European Patent Convention
(EPC).
In Germany
, third parties may dispute the validity of a pending German patent application
under German patent law.
Under United States patent law
, an opposition proceeding is called a reexamination
.
In Japanese patent law
, opposition procedure after an examiner's decision to grant a patent was abandoned in 2003; trial for invalidation serves as the alternative.
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
and trademark
Trademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
law of most jurisdictions which allows third parties to dispute the validity of a granted patent or trademark.
Patents
In Europe, third parties may dispute the validity of a granted European patent by filing a post-grant oppositionOpposition procedure before the European Patent Office
The opposition procedure before the European Patent Office is a post-grant, contentious, inter partes, administrative procedure intended to allow any European patent to be centrally opposed...
under the European Patent Convention
European Patent Convention
The Convention on the Grant of European Patents of 5 October 1973, commonly known as the European Patent Convention , is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted...
(EPC).
In Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, third parties may dispute the validity of a pending German patent application
Patent application
A patent application is a request pending at a patent office for the grant of a patent for the invention described and claimed by that application. An application consists of a description of the invention , together with official forms and correspondence relating to the application...
under German patent law.
Under United States patent law
United States patent law
United States patent law was established "to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;" as provided by the United States Constitution. Congress implemented these...
, an opposition proceeding is called a reexamination
Reexamination
In United States patent law, a reexamination is a process whereby a third party or inventor can have a patent reexamined by a patent examiner to verify that the subject matter it claims is patentable...
.
In Japanese patent law
Japanese patent law
Japanese patent law is based on the first-to-file principle and is mainly given force by the Patent Act of Japan. Article 2 defines an invention as "the highly advanced creation of technical ideas by which a law of nature is utilized"...
, opposition procedure after an examiner's decision to grant a patent was abandoned in 2003; trial for invalidation serves as the alternative.
Trademarks
In the case of trademarks, third parties may use opposition proceedings to "oppose" the acceptance of a trademark application after it has been accepted and published for opposition purposes. If an opposition is defeated the trademark will proceed to registration. Some jurisdictions operate a "post-grant" opposition system, whereby opposition is not possible until after registration (eg. Japan).See also
- Opposition procedure before the European Patent OfficeOpposition procedure before the European Patent OfficeThe opposition procedure before the European Patent Office is a post-grant, contentious, inter partes, administrative procedure intended to allow any European patent to be centrally opposed...
- Patent infringementPatent infringementPatent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes using or...
- Patent watchPatent watchIn patent law, a patent watch is a process for monitoring newly issued patents on a periodic basis to see if any of these patents might be of interest. Patent watches may for instance be performed on a quarterly basis. It is common practice for corporations in patent-based businesses In patent...
- PatentabilityPatentabilityWithin the context of a national or multilateral body of law, an invention is patentable if it meets the relevant legal conditions to be granted a patent...
- Prior artPrior artPrior art , in most systems of patent law, constitutes all information that has been made available to the public in any form before a given date that might be relevant to a patent's claims of originality...
- ReexaminationReexaminationIn United States patent law, a reexamination is a process whereby a third party or inventor can have a patent reexamined by a patent examiner to verify that the subject matter it claims is patentable...