European Patent Opposition
- Drafting a notice of European patent opposition
- Filing a notice of opposition
- Representation before the European Patent Office
- European Patent Attorney (EQE)
- Substantiation by Patent Attorney
Opposition against granted European patents
We can file a notice within nine months after the date of publication of the grant of the European patent against the grant of the European Patent. Securing all formalities and proper substantiation is in our focus. The grounds are lack of patentability, such as novelty, inventive step or industrial applicability. A further ground is lack of sufficiency of disclosure. Added subject-matter add into the patent specification or claims can be also opposed. We are also help you to defend your rights, if a European Patent Application was filed wrongfully by non-entitled person.
Opposition proceeding
Within nine months of the publication of the mention of the grant of the European patent. Any person may give notice of opposition. Notice of opposition must be substantiated. An opposition fee must be paid. The opposition fee is 880,- EUR (as of 23.7.2023). Compared to the revocation action before UPC (Unified Patent Court) 20 000,- EUR, it is a cheap procedure. We, at Bauer-IP, will help you to draft the notice of European patent opposition and fulfil formal requirements.
Where to file?
Opposition is applied at the European patent office. Opponents becomes a party of the proceedings as well as the patent proprietor.
Notice of Opposition
Notice of opposition must be a written and contain a reasoned statement. Particularly, the opponent; the number of the European patent against which opposition is filed, the name of the proprietor and professional representative, title of the invention; a statement of the extent to which the patent is opposed and of the grounds, as well as an indication of the facts and evidence presented in support of these grounds; and if the opponent has appointed a representative.
When the Opposition Division notes that the notice of opposition does not comply with the regulations, it rejects the opposition. We, the European patent Attorneys at Bauer-IP, will ensure that the opposition is filed admissibly.
European Patent Office communicates primarily in writing with the opponent’s representative, i.e. the European Patent Attorney.
Help of European Patent Attorney
European Patent Opposition needs to meet formalities and substantive arguments. At Bauer-IP, we will help you to prepare the European Patent Opposition.
