Opposition and Appeal Proceedings

Opposition proceedings are often the most efficient way to challenge or defend a granted patent. Oppositions may be filed against both German patents (before the DPMA) and European patents (before the EPO) within a period of nine months following the publication of the grant of the patent. An opposition thus offers the opportunity to have the validity of a patent reviewed at an early stage – often with significant practical implications for the market.

Delivering What Matters.

In practice, the issue is rarely simply a matter of “winning or losing.” The focus is often on determining which scope of protection makes economic sense and can be defended effectively in court.

We represent you both as the patent owner and as the opponent, with the goal of either securing a patent with a viable scope of protection or effectively invalidating or limiting a third party’s intellectual property right so that your freedom to operate in the market is restored.

Appeals may be filed against decisions in European opposition proceedings. Strict deadlines and formal requirements apply in this context.

Strategic advice backed by experience.

We provide you with strategic and procedural support – from developing your line of argument and handling motions to the oral hearing – with the goal of convincingly combining technical substance and legal precision.

In addition, we advise and represent you in cancellation proceedings against utility models. Utility models are registered without substantive examination; therefore, the question of patentability is typically resolved in cancellation proceedings.

Here, too, we support you in developing robust lines of attack or defense and in using a method that ensures the outcome is effective in practice.

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