Challenging a patent can be prohibitively expensive, when done in court proceedings. The European Patent Office offer a nine-month window of opportunity to do so at the reasonable price of 745 euros (865 dollars), using the opposition procedure. A stable 5% of European patents are challenged in this way. We will provide a landscape overview showing how opposition numbers break down in different fields of technology, with a particular emphasis on therapeutic antibodies. Moreover, we will discuss which type of objections are most likely to lead to the revocation or the restriction of a European patent. The possibility for stakeholders to challenge patents at a fair price is a key principle to ensure that European patents are of high quality and to avoid frivolous infringement proceedings. Along the same lines, the European Patent Office will also take a careful look at arguments or documents provided in the form of third-party observations on pending cases. Third-party observations can be filed electronically and free of charge by anyone (even anonymously) and are becoming increasingly popular. We will discuss how third-party observations are typically used for biotech cases.

Session ID: 36187