Patent Oppositions and Appeals

There is no point in  establishing a detailed and comprehensive patent portfolio if it is not possible for the patentees to enforce their patent rights effectively in a world where expanding technologies have facilitated infringement of protected rights.

It is up to the patent proprietor to act as his own policeman and keep an eye on the industrial and commercial markets in which he sells his products or in which his processes might be used. He must keep abreast of his competitor’s activities. Hence, patentees  must be able to take action against infringers in order to prevent further infringement and recover the losses incurred from any actual infringement before the relevant jurisdictions like courts. Without a proper approach and actions in time for enforcing rights, the granted patent has no value.

Decisions taken during or at the end of the procedure relating to an application for a patent for invention or decisions taken after the grant of a patent for invention can also be tackled by lodging an appeal against them before the relevant industrial property authority.

Opposition proceedings enable the granted patent rights to be resisted in a relatively fast and inexpensive procedure compared to the expensive and long-lasting court disputes. Even the most rigorous examination system of patents cannot guarantee that the rights which it grants are valid — there is always the possibility that a prior right has been overlooked or a specification misunderstood. Thus the owners of earlier rights must be able to object at some stage.  Not only is it important to know if competitors are seeking to protect developments which come within the scope of one’s own patents, but it is also important to be warned if they are seeking to protect known technology or technology patented by others.

Accessible, sufficient and adequate arrangements for the protection of patent rights are crucial in any worthwhile patent portfolios. As a Bulgarian and EQE qualified European Patent Attorney, I provide my clients with high-quality counseling and representation in opposition, appeal and revocation proceedings before the Bulgarian Patent Office (BPO), European Patent Office (EPO) and Bulgarian courts.