The European Patent Office (EPO) gives third parties an opportunity to challenge the validity of any patent granted by the EPO.  This involves filing a patent opposition within nine months of the date it was granted.  Unlike third party observations, opponents are involved in the patent opposition procedure and typically argue their case at a hearing.  We can help you with every step of the process.

Patent opposition proceedings are fundamentally very different from the written procedure of patent filing and prosecution.  You’ll need a team with strong oral advocacy skills to succeed, considering that the atmosphere at hearings can be quite adversarial.  GJE has a 360° understanding of what it takes to help you get what you need.

We put out clients in the strongest possible positions by taking time to assess the commercial goals of all parties involved throughout the patent opposition procedure.  This helps us determine whether a compromise can be achieved or if all-out war is inevitable. Either way, our attorneys do not like losing – you will find us tenacious and determined.

We’ll collaborate closely with your people to devise and develop creative technical arguments and evidence to maximise the chances of success.  Our meticulous approach ensures we explore all avenues and put the full weight of our experience is to good use in creating robust tactical and strategic legal arguments.

GJE’s oppositions practice includes a sizeable and adaptable team.  This enables us to handle complex cases involving numerous parties effectively.  Our clients take confidence from knowing they always have a team they can turn to – and are not reliant on one or two individuals.

We understand your need to plan for the future and consider any prospective patent oppositions and the progress of other contentious actions when providing you with advice. We won’t sit on the fence either, so you’ll know exactly where you stand.  We’ll provide detailed short-term and long-term outcomes of our suggested advice and actions, along with a quantified indication of your chances of success – including likely costs.  Naturally, we’ll help you manage the risks involved and will help you communicate clearly with the decision-makers in your business.

In terms of final, non-appealable decisions by the EPO, our results speak for themselves. GJE’s oppositions team has consistently outperformed the industry average within the European market.