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Martin Vinsome's Presentation from the event "Stopping them from Stopping you"
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Martin Vinsome from UDL Presentation from the event "Stopping them from Stopping you" 10/11/09

Martin Vinsome from UDL Presentation from the event "Stopping them from Stopping you" 10/11/09

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    Martin Vinsome's Presentation from the event "Stopping them from Stopping you" Martin Vinsome's Presentation from the event "Stopping them from Stopping you" Presentation Transcript

    • Oppositions in the European Patent Office Martin Vinsome, UDL 10 November 2009
    • AGENDA
      • Introduction
      • What are oppositions?
      • What are the benefits of oppositions?
      • How do we find out what to oppose?
      • How do we oppose?
    • Introduction
      • What do I know about my competitors’ products?
      • What do I know about my competitors’ prices?
      • What do I know about my competitors’ patents?
    • Introduction
      • Competitor’s patent could prevent sale of my product, or be used to persuade customers to buy competitor’s product rather than mine
      • Potentially much more harmful than competitors’ pricing
      • What can we do if we identify a potentially problematic patent application of a competitor?
      • Think about EPO opposition procedure
    • What are oppositions?
      • Definition
      • European Patent Convention Article 99
      • (1) Within nine months of grant of a European patent, any person may give notice to the European Patent Office of opposition to that patent.
      • (2) The opposition shall apply to the European patent in all the Contracting States in which that patent has effect.
    • What are oppositions?
      • Grounds for opposition
      • European Patent Convention Article 100
      • (a) Patented invention lacks novelty or inventive step, or is an excluded category of invention - commonest reason for opposing
      • (b)  European patent does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art - rarely succeeds on its own
      • (c)  subject-matter of the European patent extends beyond the content of the application as filed – mainly used in combination with (a)
    • What are the benefits of oppositions?
      • i.e. 70% chance of opposition being at least partly successful
    • What are the benefits of oppositions?
      • 70% chance of partial success
      • Almost 40% of opposed patents revoked
      • Over 30% of opposed patents restricted in scope
      • Affects patent in all EPC countries
    • What are the benefits of oppositions?
      • Who is applying for patents?
    • What are the benefits of oppositions?
      • Who is Opposing them?
    • How do we find out what to oppose?
      • Monitor competitors’ patent activities
      • 1. Identify relevant classifications from Epoline – your own patent cases can help this
      • Please contact UDL for a link to this web page
      • 2. Find out what classifications mean from WIPO classification guide
      • Please contact UDL for a link to this web page
      • 3. Search in Epoline under relevant classification(s)
    • How do we oppose?
      • Search for relevant prior art by
      • (i)searching under relevant classifications in Espacenet
      • Please contact UDL for a link to this web page
      • or
      • (ii) instructing firm of patent searchers to carry out prior art search
    • How do we find out what to oppose?
      • Example
      • Irvin Automotive
      • Products Inc.
    • Abstract of EP 0911219  (A2) A security shade support assembly (10) for mounting a roller tube having a flexible panel wound thereon within a motor vehicle includes a housing (20) extending axially, an axle (36) extending through the housing, a bearing (58) receiving the axle and cooperating with the housing and attached to the roller tube, and a spring (50, 78) disposed within the housing for biasing the bearing and a groove (34, 72) extending axially along the bearing and the housing to allow the roller tube and shade panel to extend over at least a portion of the housing.
    • How do we find out what to oppose?
      • 1. Identify relevant classifications from Epoline
      • Please contact UDL for a link to this web page
      • Search under “Irvin Automotive” in “Applicant” field
    • How do we find out what to oppose?
      • 2. Find out what classifications mean from WIPO classification guide
      • Please contact UDL for a link to this web page
    • How do we find out what to oppose?
    • How do we find out what to oppose?
      • 3. Search in Epoline under relevant classification(s)
      • Please contact UDL for a link to this web page
      • Search under “B60R5/04” in “Classification” field
    • How do we find out what to oppose?
    • How do we find out what to oppose?
      • If too many search results – can limit by publication date
    • How do we find out what to oppose?
    • How do we find out what to oppose?
      • Monitor status on Epoline
      • Has it been granted yet?
      • Was it granted less than 9 months ago?
    • What are the benefits of this?
      • Even if we decide not to oppose,
        • because patent application not a threat or obstacle, or
        • because we cannot find relevant prior art
      • we know who is applying for patents in this field
      • we may have early warning of potential infringers
      • we may discover potential licensees (e.g. companies in other countries where we are not active)
    • Thank you