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“The EPO’s streamlining initiative has been a welcome boost for patentees, particularly for those in the technical space of computer implemented inventions (including software-related inventions), as the “Early Certainty” programme provides stronger legal and commercial certainty at an earlier stage.
“This is crucial for patentees in a rapidly evolving technical landscape as these inventions will typically have a shorter shelf life compared to other fields; if a patent is to be commercially valuable, it should be granted and any oppositions resolved before this shelf life is reached. Our research, which shows the acceleration of engineering, electronics and software oppositions over recent years, underlines the EPO’s streamlining initiative’s success.”
“When analysing data from the EPO, we were keen to look at exactly how the EPO streamlining initiative has impacted the overall opposition process since it was first introduced nearly five years ago, along with how the pandemic has disrupted procedures.
“It was encouraging to see how successfully and efficiently the EPO responded to the postponement of hearings in the early days of the pandemic by introducing video-conferencing for opposition division oral proceedings. This has allowed the opposition timeline to be maintained for many cases, and is something we expect the EPO to continue with long after the pandemic. It brings advantages for attorneys and applicants, and is also consistent with a wider “greener agenda."
A European patent may be opposed once it is granted. The opposition is handled by the European Patent Office (EPO) and so is a central procedure effective for all designated countries, i.e. the EPO opposition procedure is separate and in addition to national invalidity/revocation procedures.
Without the need for extensive travel, it is now simpler for attorneys and their clients to attend the oral proceedings, and without the need to travel, all parties can better prepare for the oral proceedings in the days leading up to the hearing. ViCo proceedings have also been well run by the EPO, using familiar technology very well and very effectivity.
The purpose of oral proceedings is to provide a final opportunity to discuss all matters raised in proceedings between a party and the EPO, in order to settle as far as possible all outstanding questions relevant to reaching a decision in those proceedings.
Third Party Observations (TPOs) provide a mechanism for third parties to file objections and evidence against a pending patent application which, if successful, can result in limitation or refusal of the patent application. Compared to post grant proceedings such as oppositions and revocation actions, TPOs are low-cost and can provide a highly effective tool in clearing the way for your product.
Mechanical & Electrical Engineering
The increased importance of environmental issues is driving development in many areas of engineering such as: renewable energy; and propulsion in the automotive, marine and aerospace sectors. The prospect of autonomous vehicles on our roads brings with it entirely new considerations for automotive safety engineers as the very nature of road accidents is likely to change. These are all engineering fields in which Mewburn Ellis has a strong and proven track record of protecting inventions.
Developments at the forefront of computing and physics are driving disruptive hi-tech innovation in fields such as artificial intelligence, robotics, healthcare, virtual reality, and the Internet of Things. These developments promise to transform our daily lives so the manner in which they are commercialised is important. Our experience, intellectual capability and IP expertise enables us to contribute significantly to the IP protection strategies of a wide range of clients working in this field.
Our IP specialists have a long track record of working with innovators in advanced material science, in both academia and industry, in fields including novel energy storage materials, and nanomaterials such as graphene. From internationally known fibre and fabric manufacturers and world-leading semiconductor developers through to the SMEs and universities pushing the boundaries with 2D materials, our experience covers every aspect of IP legal advice from conception to consumer.
The pace of change in Information and communications technology (ICT) and Electronics is exponential. This growth and evolution will demand rapid innovation across the electronic spectrum to ensure that the hardware infrastructure can support the rate of growth and change. Beyond this, other diverse fields such as flexible electronics and quantum computing are delivering commercially valuable innovations which need protecting. We understand this, and we aim to help our clients protect their innovations with clear and uncomplicated IP advice.
Made up of a highly qualified team of mechanical engineers, electrical engineers, physicists and material scientists, our Engineering patent team is well set up to assist with IP protection across the entire range of medical technologies. We have an impressive track record of obtaining robust IP for medical devices from deceptively simple stents or catheters through to obviously high-tech implantable sensors and medical robotics. And our material scientists have extensive experience of biomaterials and their applications in medical technology
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EPO Opposition Trends in Engineering,
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Partner, Patent Attorney
Partner, Patent Attorney
Partner, Patent Attorney
Partner, Patent Attorney
Partner, Patent Attorney
Partner, Patent Attorney
Partner, Patent Attorney
