Third-Party Observations

A powerful tool for challenging patents anonymously (or not)

Third-party observations (TPOs) can be filed against an application or patent for which proceedings are pending, including oppositions and appeals, at the European Patent Office (EPO), the German Patent and Trade Mark Office (DPMA), and the UK Intellectual Property Office (UKIPO). Examiners are obliged to consider TPOs made against patent applications, even if they are filed after allowance, and can cause examination to be reopened even at that late stage. Therefore, TPOs are a powerful tool for influencing patent proceedings, and, if successfully used, can lead to limitation or even refusal of patent applications, thus eliminating the need for an opposition. Statements made on the public file may also be of use in parallel proceedings elsewhere in the world, such as the USPTO.