Article ID | Journal | Published Year | Pages | File Type |
---|---|---|---|---|
37781 | World Patent Information | 2016 | 4 Pages |
Abstract
European patents can be opposed within nine months from grant. The result of a successful opposition can be a complete revocation of a granted patent. The main reason for revocation is lack of inventive step (47%). From the patent information perspective, an opposition search against an EU-patent needs, therefore, to be first be focused on inventive step. The EPO has clear guidelines on how prior art can be used to attack the inventive step and how it is used during examination. Following the Problem-Solution-Approach used by the EPO, an opposition search should follow the same steps.
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Authors
Aalt van de Kuilen,