Patent prosecution, opposition and appeals

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IP services / Patent prosecution, opposition and appeals

HORAK · INTELLECTUAL PROPERTY

Patent prosecution, opposition and appeals

Respond to examination objections, defend granted claims or challenge a competitor’s patent. We assess the procedural route, the evidence and the commercial value of the protection at issue.

Build a supported response

An examination report may raise novelty, inventive step, clarity, sufficiency or added-matter issues. We map each objection to the application and consider arguments and supported amendments. Amendments need to preserve useful protection without introducing material absent from the original filing.

Prepare opposition early

EPO opposition must generally be filed within nine months of publication of the mention of grant. A challenge requires properly developed grounds, facts and evidence. German opposition and later revocation routes have their own conditions. Waiting until the last days can prevent an effective technical investigation.

Keep appeals and litigation coordinated

Appeals are governed by specific admissibility and procedural rules. They are not an unrestricted opportunity to rebuild a case. Parallel infringement proceedings, commercial negotiations and claim amendments must be considered together.

Three practical examples

Illustrative situations; outcomes depend on the facts and the applicable law.

01

An examiner cites a similar machine: we identify the technical differences and supported fallback claims.

02

A competitor’s patent has just been granted: we organise prior-art evidence while the opposition period is running.

03

A proprietor receives an adverse decision: we assess appeal deadlines, reviewable issues and commercial alternatives.

What to prepare

Complete office correspondence, application and patent text, cited documents, decision dates and relevant product information.

How we approach your matter

01 · Assess

We identify the objective, the relevant rights and the next deadline. Existing documents and the technical or commercial background determine the scope of the review.

02 · Agree

We explain the available routes, material risks and expected stages. The instruction distinguishes professional fees from official charges, translations and external costs.

03 · Act

We carry out the agreed work, report material developments and identify the next decision. Filing, registration or a particular dispute outcome cannot be guaranteed.

Further information

Official guidance relevant to this topic. Individual advice requires a review of the particular documents, facts and deadlines.

International filing strategy · Portfolio review · IP disputes

Discuss the next step

Tell us what you want to protect, the markets involved and any filing, launch or response deadline. We will clarify the scope of the instruction, the documents needed and the basis of the fees before starting the agreed work. Please identify the parties first so that we can check for conflicts and arrange a suitable channel for sensitive technical information.

Hannover headquarters · Advice for German and international businesses · Our offices

Enquire about patent prosecution, opposition or appeal

Use this form for an examination report, opposition or appeal. Mention the application or patent number and any stated deadline; we will clarify the required documents and scope of representation. All fields are optional.

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    All fields are optional. An email address or telephone number is enough for us to reply. We agree scope and fees with you and separately confirm the engagement and responsibility for deadlines. Please also call if a deadline is urgent.

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