HIER STEHT GANZ OBEN ETWAS
Patent Rights Procedures
"8.2 Requirements for Products and Services" is not in the list (1 Scope, 2 Normative references, 3 Terms and definitions, 4 Context of the organization, 4.1 Understanding the organization and its context, 4.2 Understanding the needs and expectations of interested parties, 4.3 Determining the scope of the quality management system, 4.4 Quality management system and its processes, 5 Leadership, 5.1 Leadership and commitment, ...) of allowed values for the "ISO9001" property.
Document control
| Document type: | Core process |
|---|---|
| Document number: | P-SP-2 |
| Process owner: | Mpruefling |
| Scope: | |
| Affected roles: | |
| Work instructions: |
| Valid: | Not valid |
|---|---|
| Standards: |
(8.2 Requirements for products and services)
|
| Audit date: | |
| Approval: | not approved |
| Page status: | First draft |
Purpose / goals
The goal of this process is the legally sound conduct of an opposition against a granted patent or the defense of a patent against an opposition.
Purpose:
- Protecting the client's interests by challenging or defending patent rights.
- Ensuring a legally compliant and strategically well-thought-out approach before the patent office.
- Minimizing economic risks due to unjustified patents or oppositions.
Process steps
| Step | Description |
|---|---|
| 1. Client Inquiry / Intention to Oppose | Clarification of the facts and objective (attacker or defender). |
| 2. Check of Deadlines | Ensuring that the opposition is filed within the statutory deadline (usually 9 months after patent grant). |
| 3. Analysis of the Facts | Examination of the contested patent or the grounds for opposition (e.g., lack of novelty, lack of inventive step). |
| 4. Search and Evidence Gathering | Collection of relevant documents, publications, and technical information. |
| 5. Preparation of the Notice of Opposition / Response | Legal argumentation, presentation of evidence, formal drafting. |
| 6. Filing with the Patent Office | Timely and proper submission of the opposition or defense. |
| 7. Communication with the Office and parties | Correspondence, preparation for oral proceedings if necessary. |
| 8. Participation in oral proceedings | Representation of the client before the Patent Office, presentation of arguments. |
| 9. Decision and Follow-up | Evaluation of the decision, consultation on further steps (e.g., appeal). |
| 10. Documentation and Archiving | Complete filing of all procedural documents in the office system. |
Performance indicators
- Success rate for appeals (full or partial revocations)
- Duration of proceedings from appeal to decision
- Client satisfaction with the strategic advice and outcome
- Quality of argumentation (e.g., through feedback from the Office)
- Rate of timely and formally correct submissions
Risks
- Failure to meet deadlines → loss of the right to appeal
- Insufficient reasoning → rejection of the appeal
- Missing or weak evidence → low prospects of success
- Formal errors in the submission → inadmissibility of the appeal
- Misjudgment of the chances of success → unnecessary costs and resource commitment
- Reputational risks with an aggressive appeal strategy
