Admissibility of a strawman:
An opposition against a patent is possible in a term of 9 months after grant equally for a German or European patent.
Admissibility before the European Patent Office:
An opposition by a strawman is admissible according to G 3/97 and G 4/97. An exception to this principle is given if:
- the opposition is filed on behalf of the patent proprietor or
- the opponent offers services of legal advice without being a legal representative.
Admissibility before the German Patent Office: |
The BGH (German Supreme Court) decided in a nullity case in respect to a non-challenge clause. In this very special case the BGH came to the decision (10.07.2012 - Az. X ZR 98/11 - Strohmann) that a nullity case was admissible despite that non-challenge clause. However, a non-challenge clause may preclude admissibility if the strawman is bound by instructions, or the owner of the patent and the opponent are one and the same person in economic terms.