Respond to an opposition to a design
You are always given the opportunity to refute an opposition before PRV makes a decision in the matter.
If anyone files an opposition against your design within two months of the registration date, you are always given the opportunity to comment on the matter before PRV makes a decision. It is important that you act and think through what your response will be since it may be decisive for the decision that is made.
You can appeal
You can appeal PRV’s decision to the Patent and Market Court (PMC). Your appeal is to be made to the PMC, but sent to PRV. We examine the decision again and take a position regarding your arguments. If we stand by our decision, your appeal is forwarded to the PMC. Their decision can in turn be appealed with the Patent and Market Court of Appeal.
After the opposition period
Even after the opposition period of two months has expired, it can happen that somebody questions your design registration by filing a revocation motion in the PMC. It is important that you then act and carefully think through how you will address the counterparty’s arguments.