Patent opposition procedure

HIER STEHT GANZ OBEN ETWAS

Overview

Document control

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Document type:	Core process
Document number:	P-SP-1
Process owner:	Mwilliams
Scope:
Affected roles:
Work instructions:

Valid:	Not valid
Standards:	(8.2 Requirements for products and services)
Audit date:
Approval:	not approved
Page status:	First draft

Purpose /goals

The goal of this process is to ensure a structured, legally compliant, and efficient process for preparing and filing patent applications.

Purpose:

• Uniform procedures for processing preliminary patent inquiries.
• Minimizing errors and risks prior to filing a patent application.
• Optimizing client consultation and documentation.
• Increasing the success rate of patent applications.

Process steps

Step	Description
1. Client Inquiry	Initial contact by the client with an idea or invention.
2. Initial Consultation	Examination of protectability, explanation of the patent process, clarification of expectations.
3. Research Phase	Conducting a prior art search (patent search, literature, market analysis).
4. Assessment of Patentability	Legal and technical assessment of the prospects of success.
5. Strategic Consulting	Decision on patent, utility model, or other intellectual property rights.
6. Draft of the Patent Application	Preparation of the technical description, claims, and drawings.
7. Coordination with Client	Consultation on the final version, clarification of any outstanding issues.
8. Filing with the Patent Office	Formal filing of the application, including a priority application if applicable.
9. Documentation and Archiving	Storage of all relevant documents in the firm's system.
10. Follow-Up	Monitoring of deadlines, communication with the Patent Office, preparation for examination procedures.

Performance indicators

• Turnaround time from initial contact to filing (in days)
• Number of successfully filed patent applications per quarter
• Rate of positive feedback from the patent office (e.g., without objections)
• Client satisfaction (e.g., via feedback forms)
• Error rate in formal submissions (e.g., returns due to formal errors)

Risks

• Insufficient research → risk of rejection due to existing intellectual property rights.
• Lack of or unclear communication with clients → misunderstandings about the scope of protection.
• Formal errors during filing → delays or rejection.
• Failure to meet deadlines → loss of priority rights or protection options.
• Technical description inaccurate or incomplete → weakening of the scope of protection.