Following the grant of a European patent, the EPO provides a 9-month 'opposition period'. This window allows interested parties to raise objections, presenting reasons why the granted patent should be revoked or limited. At Acorn, we offer comprehensive services to navigate oppositions and appeals on your behalf.

When your European patent faces opposition from a third party, Acorn IP steps in as your defensive line. Our objective is to safeguard your patent, ensuring its continued strength and validity.

With a clear understanding of the nuances of European patent law, we craft robust arguments to address challenges effectively. Typically, this will involve a thorough review of the grounds of opposition and prior art cited by the opponent, and providing you with our analysis regarding your position. We then prepare a thorough reply to the grounds of opposition setting out counter-arguments as appropriate.

It is generally a good idea to have a number of ‘auxiliary requests’, essentially fall-back positions, in case your granted patent is found to be invalid. We work closely with you to make sure these fall-back positions are defensible while remaining commercially valuable.

Following the written procedure, we then attend the oral hearing at the EPO, either in person or via videoconference, as appropriate.

In the ever-evolving world of innovation and commerce, the need to challenge competitor patents may arise. Acorn takes on offensive actions, representing your interests as we strive to knock out problematic patents belonging to your competitors. Our strategic approach involves thorough analysis, meticulous preparation, and persuasive advocacy before the EPO.

Once we understand why the patent in question is of concern to you, we commission specialist patent searchers to seek out any prior art that could be used against the patent. We also review the patent and its history to look for weaknesses that can be exploited to invalidate the patent.

We will then draft full grounds of opposition setting out why the patent in question should be found invalid, and address any responses from the patentee during written proceedings. We then attend the oral hearing at the EPO, either in person or via videoconference, as appropriate.

At Acorn IP, we recognise the importance of anonymity in certain scenarios. To address this concern, we offer the option to file oppositions using a 'straw person' opponent. In effect, we name ourselves or an unrelated third-party patent attorney or firm as the opponent in your place.

This approach allows us to protect the identity of our clients, particularly when seeking to invalidate a patent without revealing potential infringement concerns. This provides a strategic advantage, allowing for a focused offensive action while minimising exposure.