DE: Patent Opposition Proceedings will Change by July 01, 2006.
Some procedural aspects of patent oppositions in Germany will change [In German only, sorry] by July 01, 2006:
Notices of opposition filed on July 01, 2006, or later will be dealt with in the first instance by the Opposition Division of the German Patent and Trade Mark Office. The German Federal Patents Court ("Bundespatentgericht") will, however, continue to be responsible for patent opposition cases in the first instance filed before July 01, 2006.
In earlier times it was difficult to have oral proceedings in patent opposition cases of the first instance. By July 01, 2006, the parties will be summoned for oral proceedings either upon request of at least one party or if the Patent and Trade Mark Office considers such undertaking appropriate.
Patents will no longer be available for creating divisional applications in opposition proceedings.
Even after July 01, 2006, patent opposition proceedings of the first instance can be transferred to the Federal Patents Court under certain circumstances in order to speed up the proceedings.
See also the Press Release [In German only, sorry] of the German Patent and Trade Mark Office.
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Dipl.-Phys. Axel H Horns is Patentanwalt (German Patent Attorney),
European Patent Attorney as well as European Trade Mark Attorney. In particular, he is Member of:
will change [In German only, sorry] by July 01, 2006:
