What is opposition procedure? Opposition procedure review

patent

European Patent Organization

In proceedings before the European Patent Office (EPO), third parties may challenge the validity of a granted European patent by filing a post-grant opposition under the European Patent Convention (EPC). The deadline for filing an opposition with the EPO is nine months from the date of publication in the European Patent Bulletin mentioning the grant of the European patent.

France

From April 1, 2020, opposition proceedings will also take place in France. [2] The deadline for filing an opposition with the National Institute of Industrial Property (INPI) is nine months after the grant of a French patent.

USA

Under U.S. patent law, opposition proceedings are called reexaminations. The new patent law’s post-grant review provisions may affect potential patent infringement defendants’ strategies for filing declaratory judgment lawsuits. Following the Leahy-Smith America Invents Act (2011), any third party may challenge the validity of an issued patent under either a post-grant review under 35 USC § 321 or an inter partes review under 35 USC § 311. Both procedures became effective on September 16, 2012.

trademark

In the case of trademarks, third parties can use opposition procedures to "oppose" the acceptance of a trademark application after it has been accepted and published for opposition purposes. If the opposition is rejected, the trademark will continue to be registered. Some jurisdictions operate a "post-grant" opposition system, whereby oppositions can only be filed after registration (e.g. Japan).

Canada

In Canada, any third party may file a statement of opposition to prevent the registration of a trademark for at least one of the grounds specified in the Trademarks Act and Regulations. A statement of opposition may only be filed within two months of the trademark application being approved by the Canadian Intellectual Property Office (CIPO) and advertised in the Trademarks Journal. The trademark applicant and opponent then file pleadings, evidence and arguments with the Trademark Opposition Board (an administrative body within CIPO), which hears and makes a decision in opposition proceedings. The Board may dismiss the trademark application (in whole or in part) or dismiss the opposition. Both the trademark applicant and opponent may appeal this decision to the Federal Court of Canada.