SONN Patentanwälte – IP Attorneys

Preclusion rules in opposition proceedings

In a recent decision the Vienna Court of Appeals provides a fundamental new interpretation of the relevant procedural provisions in opposition proceedings. Contrary to settled case law the Vienna Court of Appeals finds that at the end of the opposition period new arguments and new evidence are not precluded. However, the Court of Appeals also finds that due to the speedy character of opposition proceedings, the Austrian Patent Office is obliged to set deadlines for the parties to submit arguments and evidence. After these deadlines new submissions and new evidence should be precluded – cf. publication in Österreichische Blätter für Gewerblichen Rechtsschutz und Urheberrecht (in German language only).