Oppositions at the European Patent Office

This article discusses about the opposition filings at the European Patent Office (EPO) in different industries and how it impacts the future success and exclusivity of the products

Being in any industry or technology domain, one protects their intellectual property by getting a patent to protect their invention. European Patent Office (EPO) Patent opposition proceedings provide a crucial avenue for third parties to challenge the validity of granted patents by raising objections to the grant of a patent. By challenging these patents, the companies ensure

Opposition can be based on the following grounds -

• that the subject-matter of the patent is not patentable
• that the invention is not disclosed clearly and completely enough for a person skilled in the art to carry it out
• that the patent's subject-matter extends beyond the content of the application as filed

These proceedings offer an opportunity to scrutinize patents post-grant, ensuring that only truly innovative and deserving inventions receive the protection they warrant. If you want to file an EPO opposition, you must initiate proceedings within nine months of the date of grant of a European patent. The benefit of a successful opposition is simple.

Outcomes of Patent Oppositions

There are three possible outcomes at the end of the proceedings:

• the opposition is rejected and the patent is maintained as granted,
• the patent is maintained in an amended form,
• the patent is revoked.

It could result in the complete revocation (cancellation) of a competitor patent in every state or territory covered by the patent, protecting your freedom to operate. As with any other final decision of first-instance divisions, decisions by opposition divisions can be appealed within two months from the date of notification of the decision.

How Elixir can help?

If you're looking for a solution to your problems, keeping an eye on the opposition can be quite a hassle if it's done manually.

This is where Elixir comes in!

Elixir serves as a monitoring platform specifically designed for patents, offering comprehensive insights into patent filings, oppositions, and other related activities.

With Elixir, you can efficiently track oppositions filed globally, ensuring you don’t miss any critical developments.

Customizable alert systems in Elixir allow users to receive notifications tailored to their interests or technology areas. This ensures timely updates on oppositions against their patents or competitors’.

By taking advantage of Elixir, you can take a proactive approach in your planning, always staying one step ahead of your rivals and maximizing the success of your products.

Don’t wait; book a demo today to experience Elixir firsthand!