Patent Opposition
Nine months after a European Patent has granted, anyone can seek to revoke the patent centrally at the European Patent Office. This procedure is called Opposition. Grounds for revocation of the patent include:
Patentability;
Added Matter; and
Insufficient Disclosure
Understanding European Patent Oppositions
Navigating through the labyrinth of
can be challenging and intimidating, especially when the validity of your innovation is at stake. At Cranach Patent Attorneys, we take pride in our profound understanding of the nuances that define patent law, including the often-complex European patent opposition procedures. We comprehend the potential hurdles that can arise during the opposition proceedings, whether from the grounds of prior art or the process intricacies that can potentially threaten your invention's protection. Our legal experts carry a profound understanding of the European Patent Office (EPO) regulations and are adept at navigating through the opposition procedure.
can be a critical element in securing your patent rights, particularly in the technology arena. We have a skilled team, specifically trained in the art of
. Our team excels at conducting a thorough search, analyzing the relevant claim(s), and strategically addressing the opposition. They are well-versed in filing effective notices of opposition and fully equipped to ensure that the validity of your patent may withstand any revocation attempts. Our experience extends beyond the grant of the patent, ensuring that your patent continues to provide you with the legal protection you deserve. Be it understanding the patent law, dealing with the patent office, or addressing a potential appeal - you can trust us to provide you with the expertise required to navigate these complexities.
Benefits of European Patent Oppositions include:
Quick: given recent changes, the target timeframe from the start of the opposition procedure to a decision is 15 months.
Effective: a revocation applies to all chosen “validated” states of the European Patent, unlike even an invalidity action through the new Unitary Patent Court which only covers participating EU countries.
Efficient: the costs compare favorably to the usual costs of IPR/PGR proceedings in the United States.
Anonymous: the real party of interest need not be identified.
Engaging a European Patent Attorney for Oppositions
Not all European Patent Attorneys are experienced at Patent Oppositions, and many more are more comfortable making written submissions rather than the oral advocacy excellence required at Opposition Hearings.
Why Choose Cranach Patent Attorneys for your Opposition?
Experienced at Opposition proceedings and hearings, in both offensive and defensive oppositions.
Strategic in handling the written procedure and pivoting where necessary.
Excellent oral-advocacy skills. Our founder, Craig Watson, was part of the wining Scottish team in the JCI World Debating Championships
Offensive Oppositions
Understanding Offensive Oppositions
Our command over intellectual property rights, particularly in the realm of offensive oppositions, is unparalleled, solidifying our status as the
. Offensive oppositions—a multifaceted aspect of patent law, involve strategic defenses and calculated counter-strategies, requiring a deep-rooted understanding of patentability criteria such as novelty and non-obviousness. At Cranach, our patent attorneys make it their mission to stay ahead in the ever-evolving landscape of patent law, capitalizing on years of rigorous post-grant examination experience.
When it comes to managing offensive oppositions, Cranach attorneys wield an array of tools. From expert opposition research and in-depth substantive examination to effective rebuttal techniques, we encompass every facet of the opposition system to serve our clients better. Beyond the surface-level, we're skilled at invalidation procedures, conflict resolution, and objection handling, which are critical components in the patent opposition process. Our defensive tactics extend to resistant and defensive diplomacy—testaments to our comprehensive understanding of strategic defense. What sets us apart as the
is our commitment to risk mitigation, ensuring our clients' intellectual property is secure and their interests well protected.
In this turbulent journey of offensive oppositions, the proficiency and dedication of Cranach Patent Attorneys serve as a beacon of reassurance. You can trust us to manage your patent rights with diligence, providing the peace of mind that your intellectual property is in capable hands.
The Benefits of Offensive Oppositions
At Cranach Patent Attorneys, we understand that patent rights are more than just about securing your innovative ideas. They represent the backbone of your strategic business endeavors and the driving force behind your market dominance. We're here to provide robust defense mechanisms through our
. Embracing a proactive defense strategy can offer substantial benefits, particularly when navigating the complexities of patent law.
Our
exhibit remarkable technical and international prowess, capable of initiating and managing offensive oppositions effectively. From dealing with amendment requirements to scrutinizing the document details, we maintain a comprehensive approach. Crucially, an offensive patent opposition allows you to prevent competitors from obtaining potentially harmful patents, thus enabling enforcement of your rights. Moreover, in the pre-grant stage, choosing to file an opposition exposes any shortcomings in the disclosure of the competing patent.
Drawing on our immense expertise in various jurisdictions, we help you build a formidable public relations defense and craft a persuasive adversarial response. Our tailored countermeasures are designed not only for damage control but also as effective preventive measures in your crisis management strategy.
Furthermore, our defensive lobbying strategies can aid in protecting your legal interests, akin to a robust legal defense in a court of law. Additionally, we're cognizant of the digital risks that could threaten your patent security. That's why our cybersecurity defense is geared towards safeguarding your valuable digital assets.
Choosing an offensive opposition strategy with a proficient “
” isn't merely about asserting your rights. It's about creating an environment in which your business can thrive, unaffected by potential patent threats. At Cranach Patent Attorneys, we provide the expertise, proactive approach, and comprehensive legal assistance necessary for this venture.
Defensive Oppositions
Why Defensive Oppositions Matter
The value of defensive patent oppositions cannot be understated in the realm of patent law. At Cranach Patent Attorneys, we commit to being your
by understanding the dynamics of defensive oppositions. Here's why defensive oppositions matter:
Occurring within the opposition period after the grant of a patent, defensive oppositions challenge the validity of a competitor's patent. This is where an experienced patent attorney versed in patent law proves indispensable.
They help manage potential threats and pre-empt patent litigation, ensuring that your stake in the utility of your innovation remains unscathed.
By investing in the requisite opposition fee, you fortify your patent portfolio against potential infringements. The
best patent opposition attorneys
protect the rights of the holder, serving as a robust shield.
Defensive oppositions can be a critical part of a holistic patent strategy when handled by an expert European patent attorney. At Cranach Patent Attorneys, we:
Leverage our extensive experience to craft robust counterattacks and apply effective adversarial tactics, safeguarding your patent rights.
Understand the value of antagonistic strategies such as confrontational politics, aggressive countermeasures, and hostile disagreements. In the contentious world of patent law, these tactics often act as powerful deterrents against potential infringers.
Use inflammatory rhetoric as necessary in navigating disruptive oppositions and managing any combative controversy that might arise.
Our commitment is to ensure that your patents remain unchallenged and your innovative ideas protected, using the most effective offensive tactics at our disposal.
Types of Defensive Opposition
Defensive oppositions in
present a unique, proactive approach to protecting your intellectual property rights. At Cranach Patent Attorneys, we specialize in a spectrum of defensive opposition strategies tailored to the complexities of each case.
Defensive opposition types include:
Pre-grant opposition: Challenging the patent before it is granted.
Post-grant opposition: Disputing the patent validity after it has been granted.
Inter-partes review: A trial proceeding to review the patentability of one or more claims in a patent.
Ex-parte reexamination: Requesting the patent office to review the patentability of claims in a patent without involving the patent holder.
These strategies focus primarily on questioning the validity of the patent, often targeting the patent specification for potential inconsistencies or oversights.
The opposition must be set in motion once the patent is granted, as this signifies the commencement of the critical period during which defensive oppositions can be launched. This is particularly true for an opposition to a European patent, which has its own unique set of regulations and procedures. The cost of an opposition proceeding can vary depending on numerous factors, including the complexity of the case, the number of claims being disputed, and the jurisdictions involved.
As your
, we are committed to ensuring that your defensive opposition is filed within the prescribed timelines, specifically before the expiry of the opposition period. An opposition must be filed within nine months from the date a European patent is granted. Furthermore, our expertise extends to managing situations where a patent extends beyond the content originally filed, helping you protect your interests and maintain your competitive edge.
UK Patent Opinions
Importance of UK Patent Opinions
Understanding the importance of UK Patent Opinions is an integral part of your intellectual property strategy. As a
, Cranach Patent Attorneys can guide you through the complexities of patent law in the UK, providing informed and authoritative insights into the rights, usage, and agreements associated with your patent, be it a new model or an innovative process. Our expertise extends to areas such as patent validity, patent infringement, patent revocation, and the nuanced analysis of patent claims.
Central to our work is the UK Intellectual Property Office (UKIPO)'s patent opinions service. This provides an invaluable tool for identifying potential patent infringement, and for obtaining a non-infringement opinion or invalidity opinion. These opinions serve as a preliminary evaluation of a patent's viability before progressing to potentially costly litigation. Through this service, a novelty examination can be performed, involving an extensive search of the prior art database to ascertain whether your invention is truly unique. This adds another layer of assurance to the patent validity of your invention.
As a
based near Aberdeen, Scotland, we pride ourselves in offering the best services in patent law. Our expert attorneys are skilled in reexamination of existing patents, adept at mounting strong oppositions, and fully versed in the defensive strategies needed in the face of potential patent revocation.
Our commitment as the
is to ensure that you fully understand and leverage the benefits of UK Patent Opinions. By doing so, we aid in securing your intellectual property rights and safeguarding your invention from potential trademark conflicts.
Why Choose Our Services?
Why should you choose Cranach Patent Attorneys for your patent needs? Simply put, our firm stands out as a beacon of expertise and authority in the complex realm of patent law, including
capabilities. Each attorney in our distinguished group brings extensive experience in patent litigation and a keen understanding of the patent life cycle. We take pride in navigating the nuances of USPTO procedures and deadlines, ensuring that your patent application process is efficient and effective.
Our services extend beyond merely submitting your application to the USPTO. Our attorneys also possess expertise in patent design and division, carefully tailoring each application to maximize the potential for approval. If you are considering a patent license or facing potential patent infringement, our top attorneys stand ready to defend your interests, including in the realm of European patent opposition. We understand the stress and confusion that can accompany an infringement suit. As such, we strive to provide comprehensive support and guidance throughout the litigation process, ensuring that you are not alone in this critical phase of your invention's cycle.
When you engage with us, you're not just gaining access to legal support. You're forming a partnership with a team dedicated to protecting your intellectual property rights and ensuring the success of your invention. We believe in creating strong relationships with our clients, keeping you informed and involved every step of the way. From the initial patent application to the final report, Cranach Patent Attorneys is with you through it all.
Opposition Timeline
Offensive Opposition Strategy
Opposing competitors’ patents is called an offensive Opposition.
Undertaking a thorough prior art search before filing the opposition is vital. It may not be possible to later cite prior art after the initial opposition. As well as patent publications, sometimes non-patent literature can be found from trade publications, which was not found by European Patent Office during prosecution. It is important therefore to prepare for an offensive opposition in good time before the 9-month post-grant deadline, which cannot be extended.
In contrast to other jurisdictions, such as the United States, Europe applies a strict standard for basis of amendments made during prosecution, and a thorough examination of any amendments can sometimes find a basis to successfully revoke a European Patent, even if its family members are valid in other territories, and even if it is patentably distinct from the prior art.
When an opposition is filed, the three or four examiners at the European Patent Office tasked with making the decision are referred to as the “Opposition Division”.
Defensive Opposition Strategy
Defending your own patent under opposition is called a defensive Opposition.
For defensive Oppositions, the Patentee has 4-5 months from first notification of the Opposition to respond. This response typically includes a rebuttal of the arguments of the opponent, and a series of fallback amendments. Any amendment made by the patentee must have direct and unambiguous basis in the application as filed and cannot extend beyond the scope of the patent as granted. Work should be started as soon as possible, as extensions of time are usually not permitted. It is generally a better strategy to file amendments at this time, rather than later in the procedure, when there is less flexibility in having them admitted into the proceedings. Some patents receive multiple oppositions from different parties.
Opposition Division procedure
Thereafter, the Opposition Division will consider the written submissions of all parties and issue a written non-binding preliminary opinion and usually call all parties to a hearing, referred to as “oral proceedings”. Such hearings currently take place by video conference.
The parties can make final written submissions before a deadline, which is usually 2 months before the hearing. At the hearing, it is the opportunity for each party to try to sway the Opposition Division from said preliminary opinion. The Opposition Division will make a decision at the hearing on each point contested. If a decision finds the claims under consideration not to meet the requirements, the patentee will usually be afforded an opportunity to have a fallback claim set considered which seeks to remedy the defect by amendment. It is important that the Patentee and their attorney have considered their strategy in this respect and are also able to adapt to unpredictable directions the hearing may take. Similarly the opponent may also need to adapt to the direction of the hearing, and develop and deliver arguments “off the cuff” before the Opposition Division.
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