How can I challenge an existing patent?
September 26, 2023 | 50,00 EUR | answered by Andreas Köhler
Dear Patent Attorney,
My name is Anna Schlüter and I work for a company that develops innovative products. Recently, we have discovered that a competitor holds a patent for a similar product, which in our opinion is not new or inventive. We are concerned that this patent could hinder our further development and would like to explore the possibility of challenging it.
Our research has shown that the mentioned patent has been in existence for several years and is registered in various countries. However, we believe that the invention described in it does not meet the criteria for patentability and may be based on existing technologies.
Our concerns lie in the potential future issues we may encounter when trying to bring our own product to market. We want to determine if there are legal avenues to challenge the patent and have it invalidated, in order to protect ourselves from any possible consequences.
Could you please advise us on how to proceed in this case and what steps we can take to successfully challenge the patent? We are willing to take all necessary measures to protect our interests and look forward to your assistance.
Thank you in advance.
Sincerely,
Anna Schlüter
Dear Ms. Schlüter,
Thank you for your inquiry regarding the challenge of a patent that, in your opinion, does not meet the criteria for patentability. It is understandable that you are concerned that this patent could hinder your further development. I would like to provide you with some information and advice on how to proceed in such a case.
First and foremost, it is important to understand that challenging a patent is not a simple process and requires legal steps. It is advisable to seek advice from an experienced patent attorney like myself to ensure that you consider all aspects and risks.
If you believe that the said patent does not meet the criteria for patentability, you can file a nullity action against the patent. This will examine whether the patent is actually new, inventive, and industrially applicable. It is important that you can present concrete evidence and arguments to support your view.
It is also possible to submit a protective brief to prevent the patent holder from asserting the patent against you while the nullity action is ongoing. This can serve to protect you from potential consequences while going through the challenge process.
However, it is important to note that challenging a patent is a complex procedure and there is no guarantee of success. It is important that you prepare well from the beginning and carefully plan all necessary steps. An experienced attorney can support you at every step and help you protect your interests.
In any case, I strongly recommend that you contact a patent attorney as soon as possible to discuss your situation and plan the next steps. I am available for consultation and will do my best to assist you in this matter.
Thank you for your trust, and I look forward to supporting you in challenging the patent.
Sincerely,
Andreas Köhler
