Objection

An opposition can be filed against any German or European patent that is granted. The opposition must be filed with the Patent Office (DPMA / EPO) within a period of 9 months from the publication of the mention of the grant of the patent.

The opposition can be filed by any third party. The opposition covers the European patent for all contracting states in which it has effect and opens up the possibility of a re-examination of a granted patent.

A fee must be paid within the opposition period in order for the opposition to take effect. This fee covers the costs incurred by the Patent Office for the first instance.

A patent division (DPMA) or opposition division (EPO) is responsible for the decision on the opposition. At least two of the examiners must not have been involved in the previous grant procedure, so that an independent re-evaluation of the patent takes place. In legally difficult cases, a legally qualified examiner is called in as the fourth member.

Within the opposition period the opposition must be substantiated in detail. All facts and documents on which the opposition is based must be stated. (see also Reasons for opposition)