There are numerous similarities and differences between the European and US patent systems. We have substantial experience of working with corporations in both jurisdictions, whether securing patent rights or freedom to operate.
Knowing the ins and outs of both, we are well versed in drafting and prosecuting ‘global’ patent applications for succeeding in both Europe and US.
In particular, we have a deep understanding of the US post grant patent challenge systems (IPRs and PGRs) and how these can be most successfully coordinated with EPO Oppositions. For example, at the EPO there is no limit on the number of documents you cite or arguments you make against a European patent. As well as costs being significantly lower than a US post grant action, EPO Oppositions can be filed by a ‘strawman’, e.g. Oxon IP, hence concealing the true identity of the opponent. Statements made on the public file at the EPO may also then be used in parallel US proceedings.
All these and more advantages make EPO Oppositions, as well as EPO Third Party Observations, vital companions when also challenging patents in the US.
We have a wealth of experience in devising global patenting and opposition strategies for succeeding in both Europe and the US.
