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An opposition proceeding is an administrative process available under the patent and trademark law of many jurisdictions which allows third parties to formally dispute the validity of a pending patent application ("pre-grant opposition"), of a granted patent ("post-grant opposition") or of a trademark. ==Patents== In the context of the proceedings at the European Patent Office, third parties may dispute the validity of a granted European patent by filing a post-grant opposition under the European Patent Convention (EPC). 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. Post-grant review provisions of the new patent law may affect a potential patent infringement defendant’s strategies in filing a declaratory judgment action. Under the new Leahy-Smith America Invents Act, any third party can challenge the validity of an issued patent using either post-grant review under 35 U.S.C. § 321 or inter partes review under 35 U.S.C. § 311. Both proceedings are effective September 16, 2012. 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. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Opposition proceeding」の詳細全文を読む スポンサード リンク
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