Opposition

An opposition can be filed by any person with the German Patent and Trademark Office within nine months after the publication of the grant of a patent.

Grounds for an opposition include

  • lack of patentability,
  • insufficient disclosure,
  • unlawful usurpation and
  • inadmissible extensions in the grant procedure.

As a consequence of the opposition, the patent will be revoked or maintained with a limitation to the eligible part thereof.

Within a period of nine months after publication of the mention that the European patent has been granted, an opposition against the grant of the patent can be filed by any person with the European Patent Office (EPO). Said opposition affects all states, in which the patent has become effective.

Grounds for an opposition include lack of patentability, lack of disclosure and inadmissible extensions.