August 2011
Any person may file “third party observations” on a European patent application any time after it is published, until it is ready for grant. These observations set out reasons why the invention is not patentable. The European Patent Office (EPO) examiner will consider the observations, and any accompanying evidence, when examining the allowability of the application.
Third party observations offer an alternative to opposition or revocation proceedings, as a way of objecting to the grant of a patent.
There is no fee (opposition and revocation proceedings are relatively expensive) and the EPO examiner considers the arguments before grant. Additionally, the observations can be anonymous, so you need not damage sensitive commercial relationships by lodging your objection.
The major drawback is that the observer is not a formal party to proceedings. If the EPO examiner chooses not to raise the objections formally, the examiner does not have to give reasons for doing so.
Previously, third parties could only file anonymous observations on paper. The EPO has now adapted its epoline online filing system (used by Forresters for communications with the EPO) to allow filing of observations without any signature. Therefore a third party can now file third party observations reliably and electronically, while remaining anonymous.
If you would like any more information on third party observations or other ways of stopping competitor’s patent rights, please do not hesitate to contact us.