The Opposition. What to expect?

Opposition Division is a “control institution” at the EPO.

OD’s  job  is to check complaints about patents, that the “opposer” claims not to be in line with EPO rules and regulations.

A patent has to comply to 3 things.

1: Novelty. 2: Inventive Steps. 3: Applicable.

If a patent doens’t meet all of these terms, a patent can’t be grated.

If a patent is granted, and an opponent finds that “new matter” determines that a patent is conflicting with this “new matter” an opposition can be made.

Hence this case.

Statistics says that 33%  of all proprietors get their patent send back to examining division, 33% get a “new patent” with altered content, and 33% maintain their patent unchanged.

But as the medico/biotech sector in a larger degree suffers from Opposition cases, I find it safe to claim that the 33%*3 isn’t applicable, as it is “easy” to test the patent in regards to the 3 rules in mention.

In regards to OD’s notice that they find the opposition to be justified, you have to remember, that naturally  they find ALL accepted oppositions to be justified. Otherwise they reject the opposition outright. Nevertheless 33% maintain their patent AFTER unchanged an OD oral proceeding.

And OD is right,  the CUT-OFF patent is conflicting with  certain points. IF Bioporto is able to adjust their patent in order to comply with the 3 rules, without adding new material, OD should issue the new patent, with the amended claims.

And just as closing remark …. In the oppostion filed by Abbott, they makes it clear that they DEMAND that they will recieve financial compensation if Bioporto file additional studies during the opposition trials….. (after which Abbott have the nerve to send in close to 400 pages the very week before the oral proceedings) …  Thats a great sense of humor.