Third Party Observations

Complementary to EPO oppositions and national revocation actions, third party observations are another string to the bow for those seeking to clear the way for a new product. At GJE, we have experienced considerable success in using these procedures to force amendment of competitor patent claims away from our client’s commercial activities and to prevent grant of competitor patents altogether.

Both the UK Intellectual Property Office and European Patent Office allow third parties to make observations on pending patent applications, including citing prior art documents believed to demonstrate lack of novelty or inventive step of the subject matter. GJE can guide you through strategies for filing third party observations, including when and when not to file, and the best issues to raise in the circumstances of each situation.

Strategy considerations for third party observations go hand-in-hand with those for EPO oppositions and national revocation actions, as well as broader freedom to operate matters. GJE’s expertise in all of these areas can be brought together to help you to formulate the best route to freedom to operate.

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