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DTS invalidity proceedings
No court decision is possible without a patent. Thus, the most effective defense against a patent action in patent litigation is the action against the patent claiming invalidity of the patent before the German Federal Patent Court (GFPC) or the European Patent Office (EPO), respectively.
There is nearly nothing on this world that has not been thought of before the filing date of a patent in suit - mostly it is just a question of the budget to find this state of the prior art. As a consequence, the action of the patentee will be dismissed.
On the other hand, as a patentee even a partly succesful attack against my patent might enforce and sharpen the scope of my claims thus enabling me to strike even more succesful. Thus, a weak attack against a patent might be counterproductive and dangerous. |
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In Europe and especially Germany, tactical and strategical questions arise on the subject whether to attack a patent by an opposition (before the EPO) or invaidity proceedings (before the GFPC). Both proceedings have a significantly different procedural basis and thus give several options to design the own strategical decisions. These differences result in time, costs and the creation of new protection rights by the patentee (divisional applications, branching off utility models, etc.). Thus, it is important to evaluate the different options resulting out of the instruments that can be used for declaring invalidity of a patent.
For more individual infromation please contact litigation@dts-law.com or
T:
+49-(0)89-219996-0.
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