Challenging a Patent Application

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Joined: Wed Sep 27, 2017 1:52 pm

Challenging a Patent Application

Post by Woodpecker » Wed Sep 27, 2017 2:00 pm

Hi This is my first post in this forum so apologies in advance if I am in the wrong place!

A business competitor has put in a patent application as the inventor of a technology that has been used widespread through the industry for many years, although they have packaged their application in a way that you would think differently.
Without wanting to go to a patent attorney is there any organisations that could help advise me on a cost effective solution of challenging their patent so that I can carry on with my business


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Joined: Sat Dec 09, 2017 10:53 pm

Re: Challenging a Patent Application

Post by grekko23 » Sat Dec 09, 2017 11:03 pm

Of course, there are some suggestions you can apply without needing a patent attorney, but in your case, i would definitely recommend a to advice from patent attorney. Read more

EPO / Patent Information
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Joined: Wed Nov 12, 2014 3:36 pm

Challenging a Patent Application

Post by EPO / Patent Information » Wed Dec 13, 2017 9:55 am

Under Article 115 EPC, any third party may file observations concerning the patentability of an invention claimed in a published European patent application. They must be filed in writing in an EPO official language (English, French or German), and must state the grounds on which they are based. There is no prescribed EPO form for this. The person submitting the observations is not a party to the patent grant proceedings, and is therefore not informed by the EPO about their further outcome.

The observations are communicated without delay to the applicant or proprietor, who may comment on them. If they call into question the patentability of the invention in whole or in part, they must be taken into account in any proceedings pending before a department of the EPO until such proceedings have been terminated, i.e. they must be admitted into the proceedings. If the observations relate to alleged prior art available other than from a document, e.g. from use, this should be taken into account only if the alleged facts either are not disputed by the applicant or proprietor or are established beyond reasonable doubt.

You will find more information (under the FAQs) and a link to the online form for submitting observations here: ... tions.html.
Kind regards,

The Patent Information User Support Team

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Joined: Thu Nov 29, 2018 7:52 am

Re: Challenging a Patent Application

Post by ninestars » Thu Nov 29, 2018 7:59 am

If a competitor files a patent application in the patent office on an unpatentable invention, the patent office should do its job and reject the application

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