IPblog / Intellectual Property

Patent opposition and revocation

Coordinate prior art, claim amendments and validity arguments with infringement proceedings.

Opposition after grant

German and European patents may be opposed within the applicable period. An opposition requires a statutory ground and a substantiated case. A general assertion that the invention was already known is insufficient. Check deadlines against the publication of grant.

Revocation and jurisdiction

German nullity proceedings and UPC revocation proceedings have different jurisdictional requirements. Patent type, opt-out status and pending proceedings matter. The German Federal Patent Court’s jurisdiction must be assessed under the applicable rules.

Technical evidence and fallback positions

Publications, prior use and test evidence must address the claimed invention. Proprietors need supported fallback positions and permissible amendments. Infringement and validity strategies should be coordinated, including possible stays and settlement. Provide the full patent file, relevant prior art and details of parallel disputes.

Official sources

www.epo.org

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