The document discusses using patent oppositions in the European Patent Office to enhance competitive position. It outlines both offensive and defensive strategies for oppositions, including removing obstacles to business, increasing costs for competitors and customers, and delaying national patent proceedings. Examples provided show how oppositions can reduce risks of litigation, lower acquisition prices, and drive competitors with weak IP to administration. Overall oppositions are presented as a tactic to manage prior art, monitor competitors, and clear paths for business activities.
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Patent Oppositions Strategies for Enhancing Competitive Position
1. Patent Oppositions in the European Patent Office Darrin Shaya, Black & Decker 10 November 2009
2. Oppositions – enhance competitive position Strategy Offensive Defensive Remove Obstacles Increase cost base Customer/licensee uncertainty Negotiation use Unsafe to sell to customer War Chest Reaction to litigation threat Delay National Proceedings (?) Negotiation use
3. Oppositions – enhance competitive position Prior Art collation / management IP budget allocation Competitor Watch Forum Shopping Tactics
4. Oppositions – enhance competitive position Lose Faith in IP? Glass Houses & Stones Time & Resources Exhaust Defences / Art Clear a Path for Competitor Risks
5. Oppositions – enhance competitive position Costs National Proceedings Vs Opposition Use weapons or keep in reserve Time scales Need to contrast
