Oppositions

Question 1

Under what circumstances are Opposition Proceedings accelerated?

Answer 1

1. If examination proceedings took a long time
2. If opp. proceedings are taking a long time
3. Due to an infringement action in national court of a CS
4. If outcome of proceedings is important for a divisional

Question 2

Can you request A105a Central Surrender when an Opposition Proceeding is pending?

Answer 2

No - R93

Question 3

What are the Grounds for opposition?

Answer 3

A100(a-c)
(a) Not patentable
(b) Sufficiency
(c) Added matter

Question 4

What is meant by the “Extent” of Opposition?
Can this be expanded at a later date?

Answer 4

The number of claim (or all) which are opposed.

Claim dependent on the opposed claim can be examined, but only if their Validity is prima facie in doubt - G9/91

Question 5

On what condition will late filed docs be accepted?

Answer 5

It must be prima facie relevant (e.g., new doc that knocks out the Novelty of a claim) - T1002/92

Question 6

What is meant by late-filed?

Answer 6

A114(2)
When doc provided after the expiry of the Opposition Period