Filing an opposition (within nine months from publication of the grant of the European patent) to have the patent revoked centrally, for all the designated states, can be a cost-effective alternative to national litigation, country by country.
What are the advantages of considering opposition?
If the opposition is allowed, the European Patent Office (EPO) will revoke the patent with effect in all the states for which it was granted. In comparison to the alternative – individual revocation processes before the courts of each relevant country – central opposition at the EPO is also inexpensive. In some circumstances, the cost savings can be in the six- or even seven-figure range.
And even if the European patent opposition is unsuccessful, you will still be able to file revocation actions in any applicable European country of interest.
If the European patent does not get fully revoked but the opposition is successful in limiting the scope of the patent claims, this can sometimes be just as effective as a full revocation as far as your business interests are concerned.
Since European patent oppositions can be filed in the name of a strawman, the patent owner may never know if you are concerned about the patent that is being opposed.
At BALDER, we combine a competitive hourly rate with expertise on opposition proceedings and personalized solutions. If you want to get a European patent revoked and if you are still within the nine-month time limit to file an opposition, do not hesitate to contact us. We will analyze the case and provide you with a customized proposal.
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