Monopoly right versus opposition

The patent is configured as a monopoly right which naturally has the result that, for example, a competitor of the patent proprietor feels impeded by the patent and he would therefore like to eliminate the patent after its grant, or at least substantially restrict it. As easy as this sounds, in practice this can be difficult since the patent has already been examined in detail for its protection requirements. The patent offices therefore have very comprehensive databases and other sources from which they obtain the prior art relevant for the examination process.

An example in opposition matters

However, the case can arise that such relevant prior art is not available to the patent office because it had arisen, for example, as a result of the exhibition at a trade fair just a few days before the filing of the invention which had resulted in the patent. The patent therefore lacks novelty and this can be asserted by an opposition by the opponent, for example, before the German Patent Office and the European Patent Office. This process must be actively initiated by the opponent.

As an experienced patent attorney I am at your side

On this matter a detailed consultation and administration of the proceedings by an experienced patent attorney is appropriate in any case .