The mention of the grant of the European Patent EP1 was published in the European Patent Bulletin on 21 March 2018. An opposition was filed on 20 December 2018 based solely on the ground of lack of novelty in view of an unspecified document.
On 28 December 2018 the opponent identified the document and supplied a copy of it.
The document is prima facie highly relevant for novelty of all claims of EP1.
Can EP1 be revoked based on the document before the EPO?
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The time limit for filing an opposition against EP1 expired on 21 December 2018.
The notice of opposition referred to an unspecified document, and therefore, does not meet the requirements of Rule 76(2)(c) EPC. Since the document was only identified after expiry of the opposition period, the indication of the evidence was presented too late, and the opposition will be rejected as inadmissible, Rule 77(1) EPC.
EP1 cannot be revoked based on the document.
This proposed reply is not a legal opinion and does not engage the responsibility of Cabinet Novitech and should not replace the consultation of a Patent Attorney.
For any questions concerning the EP or FR patent law you can contact the Cabinet Novitech:
or call us at : 00 33 1 48 710 007
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