Patent wrongfully granted?
File an opposition and claim nullity!
Your ideas matter – if you use them strategically.
In your opinion, a patent has been wrongly granted to your competitor? The invention is not new – since already known? Or not inventive, since trivial? Or the alleged invention is not technical – for example, a pure business model or an administrative activity is protected?
Possibly you are already accused of patent infringement?
The appropriate way in this case is to challenge the validity of the granted IP right. With opposition proceedings or nullity proceedings you can have an existing patent of a third party revoked.
As a rule, you can file an opposition against a third-party IP right within 9 months from the date of grant of the patent. If this period has already elapsed, the appropriate remedy is nullity proceedings.
In both proceedings, the patent is then examined again and even more carefully than before. If it is found that the patent should not have been granted, it is revoked – with retroactive effect (so-called effect ex tunc) – as if the patent had never existed.
Opposition and nullity proceedings have a high chance of success. One reason for this is that in the preceding patent grant proceedings, only the official patent examiner conducts searches. For this purpose, the official examiner has only a very limited amount of time available for the search and patent examination.
In opposition and nullity proceedings, we do this task for you – with the greatest possible dedication, intensity and thoroughness.
These legal remedies may be used by “anyone”. If, for example, you do not wish to openly disclose your identity as an opponent to your competitor, we will file the opposition on your behalf as a law firm. In this way, you remain the “mastermind” in the background, hold the strategic reins in your hand and at the same time remain anonymous, without any disadvantages for the success of the proceedings.
Many industrial property rights have been wrongly granted. However, this only becomes apparent during opposition and nullity proceedings.
Do you need further information or individual advice? Contact us now!
