Patents Company

Successful Opposition Proceedings

September 24, 2013

Swindell & Pearson have drawn success in opposition proceedings against a potentially very valuable European patent held by one of our client’s competitors.

The patent owner appealed that decision to the Board of Appeal of the European Patent Office. At a fiercely contested hearing, in which our attorney Paul Higgin faced a team of three attorneys representing the patent owner, the original decision was upheld and the appeal was rejected. The patent owner then petitioned to have the Appeal Board’s decision overturned by the European Patent Office’s highest court- the Enlarged Board of Appeal. We are pleased to report that the Enlarged Board of Appeal has now rejected that petition. S&P have therefore maintained their enviable success record at EPO opposition proceedings, particularly in the telecommunications sector. *An opposition against a European patent can be filed within 9 months of its grant. If the opposition is successful, the patent may be revoked or maintained but with amended and less threatening claims. Oppositions can be filed anonymously.

Swindell & Pearson has been helping businesses and individuals protect and defend their ideas, innovations and brands for over 130 years. With its head office in Derby, the firm also has offices in Stoke, Wolverhampton, Stafford, Sheffield and Burton. To find out how Swindell & Pearson can help you with any intellectual property requirements please get in touch via [email protected] or by telephone on 01332 367 051.