Post-Grant Patent Opposition in Europe and the US

Post-Grant Patent Opposition in Europe and the US

Speaking Engagement

In this two-hour live CLE course webcast, a panel of distinguished professionals and thought leaders assembled by The Knowledge Group will review the grounds for Post-Grant Patent Opposition in Europe and the US and discuss how they differ from those in Europe; how discovery and expert testimony affect the opposition, and strategies counsel use to optimize post-grant patent oppositions in Europe and the US.

Under the America Invents Act (AIA), the US Patent and Trade Office (USPTO) received more than 1,700 petitions for inter partes review (IPR) that challenge the patentability of an issued patent. In Europe, such oppositions are long standing.

Since many inventions are protected by quite closely related patents Europe and the US, patent owners need to co-ordinate post-grant patent challenges or defenses to challenges in both jurisdictions. But, challenging the validity of a patent through the court in Europe and the US can be time consuming and expensive. Any opposition must be filed within nine months with the European Patent Office (EPO) and EPO data show that approximately two thirds of oppositions revoke or amend the opposed patent in 2013. Other issues for consideration include how and where a patent is challenged, the grounds for challenging patents, fees for each venue, discovery, amendments and litigation estoppel.

Patent counsel must be able to understand and the complex procedures of the EPO and USPTO to ensure strong protection of patent that might face such post-grant opposition in one or both jurisdictions.

Speakers include WilmerHale Counsel Heather Petruzzi, Ropes & Gray Counsel Christopher Carroll, Wolf Greenfield Shareholder Michael Siekman and Richard Giunta, Birch Stewart Kolasch & Birch Partner Eugene Perez, Høiberg Partner Claus Elmeros, and DeltaPatents Associate Sander van Rijnswou.

Please contact Mandy Murphy to register.

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