4. What is the scope of the opposition and who is in charge of examining the opposition?

The opposition may relate to all or part of the granted patent.

Thus, the opponent must clearly specify whether the opposition is directed against the entire patent (i.e. all the claims or the description and, where applicable, the drawings) or only against certain claims. In the latter case, the opponent must indicate which claims are the subject of the opposition.

The opposition examination team is made up of a lead examiner and two examining engineers in the technical field of the contested patent. If circumstances require, the referent may also be assisted by an INPI legal expert.

The referent is responsible for ensuring that the procedure runs smoothly and that the opposition is properly examined. His or her opinion prevails throughout the examination. The referent cannot be the person who examined the contested...