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Opposition proceeding
From Wikipedia, the free 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.
In Europe, third parties may dispute the validity of a granted European patent by filing a post-grant opposition under the European Patent Convention.
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.
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).
- Opposition procedure before the European Patent Office
- Patent infringement
- Patent watch
- Patentability
- Prior art
- Reexamination
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