Patent opposition proceedings

Filing an patent opposition

1. What is the time limit for filing an patent opposition?

An opposition must be filed within 9 months of the publication of grant of a German patent, or within 9 months of the mention of grant of a European patent with the respective patent office.

2. On which grounds may a patent opposition be based on?

An opposition against a German patent or a European patent can only be based on specific grounds. These are:

  • The patent’s subject-matter is not an invention (no technical teaching or lack of feasibility).
  • The patent’s subject-matter lacks patentability (lack of novelty or inventive step).
  • The patent’s subject-matter is not sufficiently disclosed.
  • The patent‘s subject-matter extends beyond the content of the application as filed.
  • The patent‘s subject-matter has been unlawfully withdrawn from the inventor.

The grounds of patent opposition must be filed within the legal term including the reasons, which have to be well substantiated, which means that they have to be explained fully and clearly. After expiration of the opposition term it is generally not possible to base the opposition on other grounds or to file additional reasons. In case of questions, please ask one of our German patent attorneys.

3. Where do I have to file an opposition?

An opposition must be filed with the German Patent and Trademark Office or the European Patent Office, respectively. Owing to the complexity of the opposition proceedings, it is advisable to commission a patent attorney. Our German and European Patent Attorneys are looking forward to assisting you. Please give us a call or write us an email.

4. How much does a patent opposition cost?

The cost of opposition procedures generally range between € 6,000 € to 10,000 € until the Patent Office has issued a decision. It is possible to appeal such decision within one month after receipt of the decision. Please contact us for an individual offer.

If you have any questions about the opposition or appeal proceedings, please let us know. You may call one of our European patent attorneys in Munich or contact us directly via email.