An opposition proceeding is an administrative process available under the
patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an sufficiency of disclosure, enabling discl ...
and
trademark
A trademark (also written trade mark or trade-mark) is a form of intellectual property that consists of a word, phrase, symbol, design, or a combination that identifies a Good (economics and accounting), product or Service (economics), service f ...
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
Patent opposition proceedings are administrative mechanisms within the
patent law
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A ...
framework that allow third parties to formally challenge the validity of a pending
patent application
A patent application is a request pending at a patent office for the grant of a patent for an invention described in the patent specification and a set of one or more claim (patent), claims stated in a formal document, including necessary officia ...
(pre-grant opposition) or a granted
patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an sufficiency of disclosure, enabling discl ...
(post-grant opposition).
These opposition proceedings serve as a crucial check within the patent system, ensuring that patents are granted only for
inventions
An invention is a unique or novel device, method, composition, idea, or process. An invention may be an improvement upon a machine, product, or process for increasing efficiency or lowering cost. It may also be an entirely new concept. If an ...
that genuinely meet all legal requirements, thereby maintaining the integrity and quality of the patent landscape.
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 (e.g. Japan).
Canada
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''.
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
The Canadian Intellectual Property Office (CIPO; French: ''Office de la propriété intellectuelle du Canada, OPIC'') is responsible for the administration and processing of the greater part of intellectual property (IP) in Canada. CIPO's areas ...
(CIPO) and advertised in the ''
Trademarks Journal
A trademark (also written trade mark or trade-mark) is a form of intellectual property that consists of a word, phrase, symbol, design, or a combination that identifies a product or service from a particular source and distinguishes it from oth ...
''.
The trademark applicant and opponent then submit pleadings, evidence and arguments to the
Trademarks Opposition Board
A trademark (also written trade mark or trade-mark) is a form of intellectual property that consists of a word, phrase, symbol, design, or a combination that identifies a product or service from a particular source and distinguishes it from oth ...
(an administrative body within CIPO), which hears and makes decisions in opposition proceedings.
The Board can either refuse the trademark application (in whole or in part) or reject the opposition.
This decision can be appealed to the
Federal Court of Canada
The Federal Court of Canada, which succeeded the Exchequer Court of Canada in 1971, was a national court of Canada that had limited jurisdiction to hear certain types of disputes arising under the Parliament of Canada, federal government's Canadi ...
by both the trademark applicant and opponent.
See also
*
Patent watch
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A ...
*
Public participation in patent examination The involvement of the public in patent examination is used in some forms to help identifying relevant prior art and, more generally, to help assessing whether patent applications and inventions meet the requirements of patent law, such as novelty, ...
(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
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Patent law
Trademark law