Anonymous and free
A third party observation lets anyone raise an objection to a pending application. The EPO once gave these limited weight, but now takes them seriously.
They're easy to file, can be submitted anonymously through the EPO website, and can be made at any point during the granting process. There's no fee.
A useful tool, with one drawback
Mark Jolink, patent attorney at EP&C, calls the third party observation an excellent way to influence someone else's application early.
There is a downside. "By getting involved, you signal that someone is watching the invention, even if you stay anonymous. You also give the applicant a chance to adjust their application during the process. But the advantages usually outweigh that, because a third party can gain a great deal. It's a route we recommend to our clients."
What about opposition?
There's another option. "You can file an opposition with the EPO. But that's only possible once the patent has actually been granted. What makes the third party observation so useful is that you can exert influence while the application is still in progress," Jolink says.
