Objection against a granted patent

Within a period of three months after the notification of issuing of a patent, in the patent office journal, you can appeal against the granted patent´s objection.

Which are the chances for an objection?

The listed points are decisive for the success of an opposition:

  • Maintaining the three-months objection´s period
  • Payment of the objection´s fees
  • Written substantiation of opposition
  • Grounds of opposition (lack of patentability, insufficient disclosure, fraudulent abstraction or unacceptable extension).

In procedural terms, the patent department (a chamber composed of a president and two assistants) decides on the objection. This decision can be reviewed with an objection to the Federal Patent Court, as well as possibly subsequently to the Federal Court of Justice.