Oppositions against Patents

In most countries the formal process of patenting includes several regulations and steps which enable third parties to prevent the grant of patents which are not justified. These steps are early publication of a patent application, publication of the search report, access to the files upon request, provision of an objection period after publication of a patent grant and finally the possibility to submit objections against granted patents. 

During the early stages of patent examination anyone may submit information relating to a patent application that has been published. This information will be considered by the patent office and will also be forwarded to the applicant. Since most patent claims are modified during the examination procedure and many patent applications are withdrawn, it seems more relevant to file an opposition against a patent as it is published after acceptance - as far as this is still necessary. 

A patent opposition may be based upon evidence which shows that an invention lacks the basic requirements for a patentable invention and may aim for the invention as a whole or for individual claims or the scope of such claims. 

Lack of novelty may be indicated by all kinds of earlier publications or other disclosures of the invention to the public. As already mentioned, prior publication by the inventor or applicant also interferes with novelty and can be used as an argument against their own patent application. This does not fully apply to US inventions, the content of which can be published by the inventor within 12 months before filing a patent. Novelty of an invention may also be contested by the proof that the invention was already in use, for example, as a manufacturing process which was kept secret. 

Oppositions on the grounds of obviousness also depend on earlier publications, patents, and other evidence which demonstrates that the invention could have been deduced by a person skilled in the art without an inventive step. Objections against the utility of a patent are rare, because in most cases it will be very difficult to call into question that the subject of the invention will (also in future) be of no use. 

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After examination in each designated country or regional organisme, the application can be rejected or a patent can be granted. Oppositions against the issued national patents can be filed individually, if such procedure is provided for under national laws or conventions and the issued national patents can be amended or revoked, if these are provided for under national laws. 

In the following nine months everybody has the possibility to lodge opposition against granting of the patent. 

A patent application must fulfil different purposes. First, it must provide the necessary information to prove the novelty, non--obviousness and utility of the invention in order to successfully pass examination by the patent office and, if required, to defend the invention against opposition and infringement by third parties. Second, it must describe the invention in sufficient detail to enable others to reproduce the invention. Third, it must specify what exactly the applicant intends to claim. 

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