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5.5 Opposition procedure

Overview

Chapter 1 – Foreword
Chapter 2 – General
2.1 Introduction
2.2 Nature and purpose of the European Patent Convention
2.3 Relationship to other international conventions
2.4 Choosing a route: national, European or international
Legal factors
Economic factors
2.5 Extending/validating European patents to/in non-contracting states
Chapter 3 – Patentability
3.1 Introduction
3.2 Invention
3.3 Novelty
Basic principles
Prior rights
3.4 Inventive step
Chapter 4 – Preparing and filing a European patent application
4.1 Formal requirements
Entitlement to file European patent applications
States for which European patent applications may be filed
Languages for European patent applications
Language arrangements to assist applicants from certain contracting states
Items making up a European patent application
Request for grant
Designation of inventor
Claiming priority
Filing by reference
Representation
4.2 Presenting your invention
Disclosing your invention
Unity of invention
Drafting the technical application documents
Description
Biotechnology applications
Nucleotide and amino acid sequences
Depositing biological material to supplement the description
Claims
Claims incurring fees
Drawings
Abstract
Prohibited matter
Unitary character of European patent applications and patents
4.3 Filing European patent applications
Where and how to file
Date of filing
Acknowledgement of receipt
Applications filed with national authorities and forwarded to the EPO
Fees
Fee amounts and payment methods
Refund of fees
4.4 Filing other documents
Where and how to file
Signature
Confirmation on paper
Date of receipt
Acknowledgement of receipt
Chapter 5 – The European patent grant procedure
5.1 General survey
5.2 Procedure up to publication of the application
Examination on filing
Examination as to formal and other requirements
European search report
Lack of unity of invention
5.3 Publication of the European patent application
5.4 Examination procedure
Request for examination
Stages of the procedure
Amending applications before and during examination proceedings
National requirements governing translations of European patents
5.5 Opposition procedure
Opposition period
Grounds for opposition
Form and content of the notice of opposition
Examination of the notice of opposition for admissibility
Substantive examination of the opposition
5.6 Limitation and revocation procedure
5.7 Appeals procedure
Filing an appeal
Interlocutory revision
Stages of the procedure before the boards of appeal
Petition for review
5.8 Divisional applications
5.9 Renewal fees
5.10 General provisions governing periods
Missed time limits
Completion of an omitted act
5.11 How to register transfers, changes of name, licences and other rights
Transfer of rights
Changes of name
Licences and other rights
Annexes
Annex I – Overview of the procedure for the grant of a European patent
Annex II – Examples of European patent applications
Chemistry
Mechanics
Computers
Annex III – Authorities with which European patent applications may be filed
Annex IV – Time limits
Annex V – Fees
Annex VI – Patent information services

Opposition period 

A revised version of this publication entered into force.

5.5.001Up to nine months after publication of the mention that a European patent has been granted, anyone may give the EPO notice of opposition to the patent, except for the proprietor, who is not allowed to oppose their own patent. 

Art. 99
GL D‑I, 4

Notice of opposition is not deemed to have been filed until the opposition fee has been paid. 

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