Patent rights procedure

HIER STEHT GANZ OBEN ETWAS

Overview

Document control

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Document type:	Core process
Document number:	P-SP-2
Process owner:	Sarah Naumann
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