A competitor of our client is the owner of several patents for a safety bottle closure. Due to the patents of the competitor, the market for such closures is blocked to a large extent. It was the goal to open the market for our client’s own products and to challenge the patents by means of an appeal. Beforehand, a search for state of the art had already been conducted, which, however, had only uncovered a small amount of relevant material.
The object was to improve the chances for the appeal proceedings and to overthrow the patents. To that end we had to pull out all the stops of European patent law.
Initially, it was determined who the most important competitors of our client are. Using this information, it was possible to conduct a specific further search for state of the art. Requests were furthermore sent to TÜV (technical inspection agency) and to other certification centers, to ascertain whether the protected bottle closure had already been certified prior to the filing date of the patents or had otherwise been made accessible to the public. In addition, we initiated an internet auction, in which a reward for the acquisition of such a closure was posted. Furthermore, we registered as members in various internet forums so as to find out more about the protected safety bottle closure. A Google search finally supplied us with the additional material, which was successfully used in the appeal proceedings. We were able to considerably limit the patents by means of the information obtained from the search.
Looking for a German patent attorney with expertise in patent law or oppositions? – patworx German and European patent attorneys in Munich have long term experience in all fields of patent law, opposition proceedings and patent search in Germany or Europe. If you have a similar case, please do not hesitate to contact one of our European patent attorneys who is specialized in European patent law.