A European Patent Office Tool That Deserves Another Look

Law360, New York (October 23, 2012, 12:43 PM EDT) -- Due to recent changes in European Patent Office procedures, EPO third-party observations deserve a fresh look. Indeed, well-crafted EPO observations can be highly valuable weapons in the battle for freedom-to-operate. In some circumstances, they can also be readily coordinated with U.S. Patent and Trademark Office submissions to challenge patent claims in both jurisdictions.

Oppositions vs. Observations

Compared to oppositions, third-party observations have been rarely used, according to the informal evidence available. This might be due to concern that the observation filer is not a party to...
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