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PATENTS


In Europe, third parties may dispute the validity of a granted European patent by filing a Post-grant Opposition under the European Patent Convention .

In Germany , third parties may dispute the validity of a pending German Patent Application under German Patent Law .

Under United States Patent Law , an opposition proceeding is called a Reexamination .

In Japanese Patent Law , opposition procedure after an examiner's decision to grant a patent was abandoned in 2003 ; trial for invalidation serves as the alternative.


TRADEMARKS


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 (eg. Japan).


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