Learn about patents from the EPO (XV)

Submitted by song on
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页之码IP

Why is it possible to oppose a European patent even if it has been abandoned or has lapsed in all designated Contracting States (EPC Regulation 75)?

  • In the event of abandonment or expiration, the rights acquired through the patent continue to exist during the period before the abandonment or expiration, and the claims arising from these rights may continue to exist after the grant date.
  • There is no reason to oppose a patent that has been abandoned or has expired.
  • The effect of waiver or invalidity is temporary, and the effect of revocation is temporary.
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