April 2011
Anyone can challenge the grant of a European patent, at the European Patent Office (EPO) They can do so by filing an opposition to the patent, within nine months of its grant. The opposition contains arguments and evidence which explain why the opponent believes the patent should not have been granted.
An opposition is a powerful commercial tool because, if it is successful, the EPO will revoke the entire European patent, in one centralised procedure. This is highly cost effective.
Forresters has considerable opposition experience, on behalf of both opponents and patentees. We recently celebrated two more significant successes.
In the first case, we represented the patentee in an opposition to a European patent for mechanical bearings. Forresters attorney Andy Harding defeated this attack on the patent. In the same week we represented the patentee in a chemistry case for the oil industry. Matt Barton successfully defended the European patent against a competitor, with only minor modifications to the patent claims.
In both cases, we ensured that the patents survived, to continue to provide effective protection for our clients’ products.
We also have considerable experience in representing opponents. We can monitor your competitors’ patent activities, and file oppositions if they obtain commercially problematic patents.
Opposition hearings often take place at the EPO in Munich. Our Munich office provides a fully equipped base for our clients during the opposition hearing period. Our presence in Munich ensures that we are extremely familiar with the workings and geography of the EPO.
Whether you need to defend your granted European patent against an opposition attack, or if you want to attack patents belonging to your competitor, Forresters can represent you effectively. Our specifically trained attorneys have an exceptional success rate in EPO opposition proceedings. Our successes come from thorough preparation, clear argumentation of your case and effective, structured presentation at the final opposition hearing.
If you would like any further details about EPO opposition procedures, and how we can assist you in defending your IP or attacking your competitors, please contact Matt Barton at mbarton@forresters.co.uk.