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EPO Opposition Procedures, a Model for Post-Grant Review?
With patent reform changes being considered to introduce a new Post-Grant Review proceeding, a review of existing systems employing similar style mechanisms may be instructive.
European Patent Convention (EPC), Articles 99-105 provide for a post-grant opposition procedure at the European Patent Office (EPO). Any third party natural or legal person may, without identifying the real-party-in-interest, file with the EPO a post-grant opposition to a granted patent within 9 months of the publication of the granted patent from the EPO. This is in contrast with Post-Grant Review that while including the same time window requires identification of the real-party-in-interest. As can be appreciated, the revisions to S.515 for Post-Grant Review closely track the EPO model in many respects.
In the EPO proceeding, if there is an ongoing opposition proceeding, Read the rest of this entry »
