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Opposition Proceedings

Defense

In the procedures according to which patents, trademarks and design rights are granted, an opportunity is normally given for third parties to file an opposition. A successful opposition may lead to the annulment of a granted exclusive right or its restriction through an administrative procedure without litigation.

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The opposition procedure is governed by strict time limits and formalities. Filing an opposition requires thorough technical and judicial know-how. As far as patents are concerned, it is of course possible to submit obstacle material to the office conducting the examination already in the application stage as so-called third party observations.

We take care of all opposition proceedings relating to IPR protections in the National Board of Patents and Registration of Finland.

Oppositions against European Patents are handled in a centralized manner in the European Patent Office (EPO). Opposition proceedings in EPO are extremely demanding and require thorough preparation. Oral proceedings are common, and these mostly resemble trials. However, a successful centralized opposition procedure guarantees that the granted patent does not need to be litigated in all the EPC member states in which the patent has been validated.

We also handle oppositions relating to trademarks in the relevant offices.

It is not possible to file an opposition in order to revoke or restrict a utility model right; these actions are performed by administrative invalidation proceedings in the National Board of Patents and Registration of Finland.

All administrative decisions are subject to appeal, and the drafting and management of appeals is also within our expertise.

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