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Third Party Observations can be filed for no official fee against any European application or patent for which proceedings are pending, including Oppositions and Appeals. Instead of having to wait until the end of Opposition and likely Appeal proceedings, observations therefore represent an excellent tool for preventing a potentially problematic patent ever getting granted in the first place, or at least forcing an amendment so that it won’t be a concern. For ongoing Oppositions and Appeals, it also gives you an opportunity to provide further arguments and evidence when you are not a party to the proceedings.

We have extensive experience in the strategic use and timing of Third Party Observations to ensure freedom to operate for our clients.