Inter Partes Expertise
Intellectual property rights have value and will be challenged by your competitors. It’s a good thing; why would third parties attack your rights if they thought they had no value to them? At the same time, there will be occasions when someone else’s patent has to be removed. So you need to be ready to defend your position; and you need to be able to go on the offensive with confidence when that is the right option.
At the European Patent Office our attorneys have amassed many thousands of hours before the Opposition and Appeal Boards. That experience gives you a firm platform to cope with whatever comes up in proceedings we handle for you. There is no substitute for time in hearings: Oppositions and Appeals expertise cannot be learnt from books, and we have learned by being there, doing that and arguing the other. We will make the most of that in proceedings we handle for you.
EPO Oppositions and Appeals
An expertise of ours lies in the drafting, filing and prosecuting of EPO Oppositions and Appeals.
We defend patents at the EPO. Even the strongest patent needs auxiliary requests to fall back on. Nothing is certain when the other side is out to destroy everything; we will present sensible and, we trust, fully defensible alternative claim requests to place the applicant in the best position on the day.
For offensive oppositions we know and understand the advantage in being properly prepared, so will advise on experiments and evidence to be made ready at early stages. We can carry out and analyse prior art searching, going where patent office searching has so far failed. We will work with you to realise the key objectives in Oppositions, which may not be patent revocation but a strategic limitation of the other side’s claims.
Associated with our inter partes service is our opinions service, used to assess carefully the enforceable scope of third party claims – just occasionally an opposition can be avoided when the competitor’s patent is properly construed.
Our Speciality: Biochemical, Chemical and Life Sciences Patents
Our Oppositions and Appeals practice focuses on biochemical, chemical and life sciences patents.
In defending our clients’ patents we have been in the largest multi-party proceedings. At Opposition, acting for the proprietor, we have for example had 13 opponents (patent maintained in slightly amended form). Again acting for the proprietor, we have coordinated EPO Opposition proceedings with offensive litigation internationally against the opponents, yielding multiple injunctions.
As Opponent, we act for UK, European, US and Japanese companies at the EPO and have a growing reputation for sharpened, pragmatic and effective presentations, both written and oral. We have filed few appeals, as appeals tend to be filed by the other losing sides in response to our efforts. In the past 12 months, 2 patents have been revoked through our efforts without recourse to hearings – the other side could see the case was lost.
In response to specific enquiries we will be happy to discuss potential new clients’ needs and prospects and provide specific examples and testimonials, subject as ever to client confidentiality.