After the publication date of the patent application and before the date of grant, any third person may give a notice of opposition to the NOIP concerning the grant or the refusal of grant of patent.
The notice of opposition must be submitted to the NOIP in a written reasoned statement accompanied by adequate evidence for the opposition. The person giving the notice must pay the opposition fees.
The applicant may appeal against any decision by which the NOIP accords a filing date, treats the application as if it had not been filed, considers a declaration claiming priority right not to have been made, rejects the application or refuses to grant a patent.
The first appeal should be submitted to the Director General of the NOIP within ninety days from the date of the NOIP’s decision.
If the appeal is refused by the NOIP, the appellant can lodge the second appeal to the Minister of Science and Technology or a competent court within thirty days of notice of the decision of the NOIP.
The intellectual property law gives the applicant one more opportunity for further appeal to a competent court if he does not accept the result of the second appeal from the Minister of Science and Technology.