Do third parties have the right to take part in or comment on the registration process?

Intellectual Property

Singapore Small Flag Singapore

Third parties do not have the right to take part in or comment on the registration process of designs and patents. Third parties can take part in or comment on the registration process of plant varieties and trade marks.

France Small Flag France

In France, third parties can intervene in the registration process of patents and trademarks exclusively (see question 28).

Portugal Small Flag Portugal

R: Yes. In what regards to almost all the IP rights, a deadline is offered to third parties in order to submit their oppositions within the registration process.

India Small Flag India

For various forms of intellectual property, there are statutory provisions for opposing the registration of the intellectual property.

Trade marks and patents once published are open to opposition procedures by third parties.

  • Patents: For patents, there are two kinds of oppositions. Pre-grant opposition can be filed by any person after the publication but before the grant of the application, and post-grant opposition, which can be filed within twelve months from the date of publication of the grant of the opposition.
  • Trademarks: A trademark application is open to opposition by third parties for four months after the mark is published in the Trade Marks Journal.
  • Geographical indication: A Geographical indication is open to opposition proceedings by third parties for three months after the same is published in the Geographical Indications Journal.
  • Designs: There are no explicit provisions for a third party to comment on the registration of a design. Once the design is registered and published, any person interested may file a cancellation petition against it.

Greece Small Flag Greece

As noted above in Q.5, third parties may oppose the registration of a trade mark, both on absolute and on relative grounds.

No opposition or similar procedure is provided for the other registered IP rights in section A.

Purely theoretically, the Greek Code of Procedure of Administrative Authorities allows any party establishing legitimate interest to intervene in ongoing administrative processes in defense of its rights. In practice, however, this rarely applies to IP rights grant procedures.

Third parties may challenge registered IP rights post-grant, under requirements which vary depending on the type of right (see below Section G).

Japan Small Flag Japan

During the application process for patents, utility model rights or trademarks, any person can anonymously provide information to oppose an application before the JPO.

Mexico Small Flag Mexico

Inventions

IP right


Third parties right to take part in or comment?

Patents

Yes

Utility models

No

Industrial designs

No

Integrated circuits

No

Brands

IP right


Third parties right to take part in or comment?

Trademarks

Yes

Trade names

Slogans

Appellations of Origin

Yes

Copyright and other rights

IP right


Third parties right to take part in or comment?

Reservation of rights

No

Plant varieties

No

China Small Flag China

Third parties can challenge a patent application by submitting observations and prior art documents to SIPO after a patent application is published but not yet granted.

Third parties may oppose trademark applications published in the gazette after preliminary examination. The period of opposition is 9 months from publication.

United Kingdom Small Flag United Kingdom

Third party observations ("TPOs") can be filed in relation to a trade mark or patent application, enabling third parties to raise comments or objections to the grant of the right. The examiner will consider any information provided in a TPO during the examination, but the third party will have no further involvement after the filing of the TPO.

In the case of trade marks, there is also a pre-grant opposition procedure, which is discussed further in questions 28 and 29.

In the case of European patents, any person may file a written opposition to the grant of the patent at the EPO, on one of the prescribed grounds (lack of patentability, insufficiency, added matter) within nine months of the patent being granted. The parties' submissions in the inter partes opposition procedure are considered and decided upon by the EPO's Opposition Division, with appeal lying to a Board of Appeal.

South Africa Small Flag South Africa

Patents and Designs
There are no pre-grant opposition proceedings provided for in terms of South African patent or design law.

Plant Breeders’ Rights
No

Trade Marks
Interested third parties may oppose the application once it is advertised for opposition purposes in the Patent Journal.

UAE Small Flag UAE

Right

Challenge to registration process?

TMs

Yes within 30 days of the publication, through a formal opposition process before the Trade Marks Department; open to "an interested party" only.

Patents (UAE national filing)
Utility Certificates
Designs

Yes, within 60 days of the publication, through a formal opposition process before the Grievance Committee of the Patent Dept.; open to "an interested party" only.

Patent (GCC patent filing)

Yes, within 3 months of the publication, through a formal opposition process before the Grievance Committee of the GCC Patent office; open to "a concerned party" only.

Copyright

There are no provisions for challenging the recordal application process. A recorded copyright work can be amended or cancelled in the Ministry's records with a final judgement from a Court.

Updated: June 27, 2017