Third party observations are another tool that you can use alongside oppositions and national revocation actions.  Their purpose is to uphold your freedom to operate when it is challenged by a competitor’s patent application.  At GJE, we’ve had considerable success in using these procedures to force a competitor to amend their patent claims in relation to our client’s commercial activities and to prevent competitors being granted patents altogether.

Many patent offices allow third parties to make observations on pending patent applications.  These include citing prior art documents that they believe demonstrate the lack of novelty or inventive step of the subject matter.  We can guide you through strategies for filing successful third party observations, so you know when to file and when to hold back, and what issues should be raised.

We can help you develop a strategy for raising third party observations that goes hand in hand with EPO oppositions, national revocation actions, and broader concerns around your freedom to operate.  GJE’s combined expertise in all of these areas can help you to formulate the best route to freedom to operate.