We at NLO have seen opposition proceedings become stricter over the years, and are experienced in navigating this changed landscape. In our experience, the patentee’s representative needs a critical eye to identify and fix weak spots and gaps and to anticipate the opposing party’s objections at the onset of the proceedings. Unlike in examination, there is no more room for small steps. It may have been different in the past, but today the unspoken rule of thumb is that the division will allow the patentee only a single opportunity to amend its case per ground of opposition.
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