For companies that are considering conducting patent litigation around the world, the EPO is a very useful forum for testing their strategy or opposition tactics at a relatively low cost. Hazel Ford and Leythem Wall of Finnegan, Henderson, Farabow, Garrett & Dunner describe the numerous advantages of the procedures available.
As we bear witness to the rising popularity of the new post-grant proceedings in the US, we can reflect upon the long-standing procedures for pre-grant observations and post-grant oppositions at the European Patent Office (EPO).
These procedures remain very popular today, not just for challenging applications and patents at the EPO, but also as a tool in litigation worldwide.
The EPO places a high priority on its quality control procedures and its ability to grant high quality, valid, patents. It encourages third parties to assist the EPO’s examiners by filing observations or oppositions relating to the patentability of European patent applications or patents.
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EPO, patent litigation, pre-grant observations, European patent, biotech, chemicle