Early monitoring and influencing of another party's patent application is possible via so-called third party observations.
After submitting a patent application through the European Patent Office (EPO), the applicant and EPO usually consult to determine what the new and innovative aspects of the invention are. An assessment is jointly made as to which rights the applicant can acquire as a result.
Anonymous
With so-called third-party observations another party can submit an objection to a patent application to the EPO. In the past, the EPO did not always take these objections into account, these are now taken very seriously. Objections can be submitted easily and anonymously, for example via the EPO website, and at any point in the patent granting process. What is more, there are no costs attached to this.
Delightful system
According to Mark Jolink, patent attorney at patent office EP&C, the third-party observation is a ‘delightful system’ for influencing another party's patent application at an early stage.
There are also disadvantages to ‘involvement’. “By becoming involved, you let the applicant know that people are interested in the invention, even though you remain anonymous. What is more, you therefore give the applicant an opportunity to change things during the process. However, the advantages generally outweigh the disadvantages because you, as a third-party, can benefit hugely. We are therefore recommending this method to our partners.”
Opposition
There is another option. “This involves filing an opposition with the EPO, in other words lodging an objection. However, this is only possible if the patent has already actually been granted. The great thing about the third-party observation is that you can exert influence during the process”, Jolink adds.
