For any innovation-driven business, achieving success in oppositions and appeals can be key to achieving commercial advantage and growth. Whether you’re at the receiving end of an attack against one of your patents, or are looking to clear the way for your own products or services, formulating the right strategy for opposition and appeal is critical.
Patent oppositions are challenging technically, legally, and strategically. Our opposition specialists are able to combine relevant technical expertise with in-depth legal knowledge and clear strategic thinking.
Technically diverse and highly experienced, we work across the whole spectrum of chemical and materials innovation. Whether the subject-matter involves dyes or drugs, catalysts or composites, polymers or pesticides, flavourings or fibreglass, we can offer expertise in every sector. The team inspires loyalty and trust, actively demonstrating a deep interest and genuine awareness of our clients’ technologies and commercial realities.
We understand that successful oppositions require not only deep technical expertise and knowledge of the subject-matter under scrutiny, but a forensic understanding of the evolving procedural aspects of the European Patent Office (EPO) process and timelines. We really dig down and question everything, preparing creative and persuasive submissions. We're not afraid to try and challenge the law and help shape future EPO practice.
We handle everything from compact cost-conscious defences through to multi-party 'win at all costs' proceedings. We never forget that oppositions are always part of a broader commercial context. Defending an opposed patent may be crucial to preserve exclusivity for your product or technology. Opposing a patent may be an important part of a 'freedom to operate' strategy, for example to de-risk entry into new markets. Filing an opposition is also a tool that can be used to commercial and strategic benefit, for example in licence negotiations.
Ultimately, whether enforcing or defending your patent, it is desirable to be able to do so in a cost-effective manner which is commensurate with the importance of your IP asset and your budget. Our approach is tailored to ensure we design a strategy that underpins your commercial aspirations.
With sustained success in oppositions and appeals and excellence in advocacy, the team make formidable adversaries. We have an impressive track record in defending our clients’ patents against attacks by competitors, as well as in attacking third parties’ rights. In addition to defending patents we have drafted and prosecuted ourselves, our success rate in patent oppositions is such that companies often transfer responsibility for defending their patents to us during opposition even when we were not responsible for the original drafting or for prosecuting the case.
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