Defense, Enforcement, Exploitation

Third party observations


Third party observations or TPO is a legal instrument allowing you to contest the patentability of someone else’s patent application while it is being examined at the European Patent Office.
TPO may be helpful to draw the patent examiner’s attention to prior art documents, which are known to you but have not been cited in the search report, or to cast a different light on the meaning of the claims.
We assist you in drafting and filing TPO. We may do that without revealing your identity.

Opposition


If you want to fight someone else’s patent, you should consider initiating an opposition if the relevant patent law gives you that opportunity. Oppositions may be filed, for instance, against a German and a European patent within three and nine months, respectively, from the grant. Opposition proceedings are conducted before the patent office and involve the patentee as well as the opponent. We assist you in assessing the chances of success of opposition proceedings. If you decide to oppose a 3rd party patent, we collect evidence in support of the opposition grounds and prepare a substantiated opposition writ. We represent you in written and oral opposition proceedings before the European Patent Office, be it as the opponent or the patentee.

Patent Litigation


If you become aware that your patent is infringed or if you are accused of infringing a 3rd party patent, we assist you in finding an adequate response.
We will examine the case and help you to assess your chances and costs of winning it. We may also help you to negotiate a settlement with the adversary.
Our patent attorneys have already been involved in patent litigation cases in many countries, in Europe as well as overseas. This allows us to efficiently coordinate and manage your infringement proceedings in different countries.


 

Invalidation Proceedings


When the relevant law does not provide for opposition proceedings, invalidation proceedings may be your last resort in order to obtain the revocation of a patent that lies in your way. Invalidation proceedings are conducted before the competent court and may require the intervention of an attorney having the authorization to represent clients before that court. We coordinate your invalidation proceedings and assist your attorney regarding all technical and patentability matters and issues.

Technology Transfer and Licensing


We advise and assist you in negotiating and drafting technology transfer agreements, licenses or cross-licenses. When you have secured legal protection for your technology, you may bar your competition from using it. Alternatively, you may decide to exploit your invention through conceding licenses. A cross-license may be an option if each party has an interest in the other party’s technology.