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and a contradicionary opinion regarding the proceedings are found here: http://www.dehns.com/cms/document/oppositions_at_…
Can the decision be appealed?
The written decision can be appealed by the opponent if the patent has been maintained or by the proprietor if the patent has been revoked. If the patent has been maintained in an amended form, both proprietor and opponent may be able to appeal. A notice of appeal must be filed within two months of notification of the written decision and the appeal fee paid. A reasoned statement setting out the grounds of appeal must be filed within four months of notification of the written decision. All the parties to the opposition are automatically party to the appeal and the appeal procedure is generally similar to the procedure before the Opposition Division. Oral Proceedings before the Appeal Board always take place at the EPO in Munich. The Appeal Board is made up of different, more experienced Examiners than the Opposition Division, who can decide to affirm or overturn the decision of the Opposition Division. If the Appeal Board overturns a decision to revoke the patent, the opposition may be remitted to the Opposition Division for examination of any remaining grounds of opposition. If the Appeal Board revokes the patent, there is no further possibility for appeal. However, if the Appeal Board maintains the patent as grant- ed or in amended form, validity may still be challenged in each designated state separately via the local courts.
How long does an opposition last?
Opposition proceedings at the EPO normally take about 2-3 years, with any subsequent appeal taking a further 2-3 years.
How can we help?
We have extensive experience of acting for both opponents and patent proprietors in opposition proceedings at the European Patent Office in all technical fields. If you have any questions, or would like advice on a specific case, please contact us at Dehns using the details below.
This found on the Web: http://www.mathys-squire.com/articles/opposition-…
What happens to a European Patent when an opposition is pending
The European Patent remains in force in each country it has been validated. If the proprietor attempts to enforce the patent in a country's national court, the court will decide whether or not to wait for the outcome of the opposition.
Any party to the opposition that is adversely affected by the decision can file an appeal. A notice of appeal must be filed within two months of the date of the written decision. A grounds of appeal must be filed within four months of the date of the written decision, setting out the basis for the appeal.
In theory the appeal is a review of the decision, but in practice it often results in a complete rehearing of the case. The procedure is very similar to that of the opposition procedure described above, and takes about the same time to complete. The costs involved in an appeal are typically similar to those of the opposition. As with the opposition procedure, each party usually bears its own costs, except when one of the parties has acted in an inequitable manner.
The appeal is terminated by a decision, which may be to revoke the patent or to uphold the patent as granted or as amended. In some cases, where the Board of Appeal does not uphold the Opposition Division's decision and there remain issues yet to be considered by the Opposition Division, the Board of Appeal can remit the case back to the Opposition Division for further consideration.
Can you appeal the Board of Appeal's decision?
Currently there is no right to appeal the decision of the Board of Appeal. If the appeal decision is to revoke the patent, no further avenues of appeal are available to the proprietor. However, if the appeal decision is to maintain the patent either in amended or in its granted form, then the opponent can file revocation actions in each of the European countries covered by the patent.
There is an Enlarged Board of Appeal whose current purpose is to rule on important points of law and to ensure a uniform application of the law, where for example two Boards of Appeal have issued conflicting decisions.