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23 mei 2019
Pitfalls in Opposition - 2019 edition
A third-party opposition at the European Patent Office (EPO) is one of the worst things that can happen to a patentee who has just invested significant resources validating its European patent. Nine months after grant the patentee learns that its patent is under attack and, while still pleased with the scope of protection granted by the EPO after substantive examination in a friendly, patent-minded atmosphere, the patentee is asked to invest in the patent again, to avoid losing it after having already crossed the finish line.
We at NLO have seen opposition proceedings become stricter over the years, and are experienced in navigating this changed landscape. In our experience, the patentee’s representative needs a critical eye to identify and fix weak spots and gaps and to anticipate the opposing party’s objections at the onset of the proceedings. Unlike in examination, there is no more room for small steps. It may have been different in the past, but today the unspoken rule of thumb is that the division will allow the patentee only a single opportunity to amend its case per ground of opposition.
Read the complete article here.
Pitfalls in Opposition 2019