Opposition proceeding
An opposition proceeding is an administrative process available under the patent and trademark law of many jurisdictions which allows third parties to formally challenge the validity of a pending patent application ("pre-grant opposition"), of a granted patent ("post-grant opposition"), or of a trademark.
Patents
[edit]Patent opposition proceedings are administrative mechanisms within the patent law framework that allow third parties to formally challenge the validity of a pending patent application (pre-grant opposition) or a granted patent (post-grant opposition).[1][2] These opposition proceedings serve as a crucial check within the patent system, ensuring that patents are granted only for inventions that genuinely meet all legal requirements, thereby maintaining the integrity and quality of the patent landscape.[1]
Trademarks
[edit]In the case of trademarks, third parties may use opposition proceedings to "oppose" the acceptance of a trademark application after it has been accepted and published for opposition purposes. If an opposition is defeated the trademark will proceed to registration. Some jurisdictions operate a "post-grant" opposition system, whereby opposition is not possible until after registration (e.g. Japan).[citation needed]
Canada
[edit]In Canada, any third party can file a statement of opposition to stop a trademark from being registered for at least one of the reasons set out in the Trademarks Act and Trademarks Regulations.[3] A statement of opposition can only be filed during the two-month period after a trademark application is approved by the Canadian Intellectual Property Office (CIPO) and advertised in the Trademarks Journal.[4] The trademark applicant and opponent then submit pleadings, evidence and arguments to the Trademarks Opposition Board (an administrative body within CIPO), which hears and makes decisions in opposition proceedings.[3][4][5] The Board can either refuse the trademark application (in whole or in part) or reject the opposition.[4] This decision can be appealed to the Federal Court of Canada by both the trademark applicant and opponent.[3][4]
See also
[edit]- Patent watch
- Public participation in patent examination (including a discussion on the possibility, in some jurisdictions, for third parties to file observations during the examination of a patent application, see sub-section "Observations by third parties")
References
[edit]- ^ a b "Opposition Systems". www.wipo.int. Retrieved 2024-10-14.
- ^ Bose, Abanti (2021-05-25). "Patent pre-grant and post-grant opposition procedure in India vs. re-examination in the US". iPleaders. Retrieved 2024-10-14.
- ^ a b c "Opposition Proceedings—Canadian Intellectual Property Office". Government of Canada. 2020-06-30.
- ^ a b c d "Practice in trademark opposition proceedings—Canadian Intellectual Property Office". Government of Canada. 2019-09-24.
- ^ "Trademarks Opposition Board—Canadian Intellectual Property Office". Government of Canada. 2019-08-30.