If you are struggling with your competitors IP rights, you will be pleased to know that an issued patent can be invalidated.
Solutions to fight – or avoid - blocking IP rights
We can help you find solutions to fight – or avoid – the blocking IP rights.
We will guide you through the entire process of invalidation proceedings – from the initial analysis through optional negotiations with the patentee to a lawsuit. Our experience ranges from opposition cases at the European Patent Office to lawsuits at national Danish and foreign courts. We will provide a cost & time estimate before initiating the process, and at your request.
How to invalidate a patent
To successfully invalidate an issued patent, it is necessary to demonstrate that it does not meet the criteria for patentability, e.g. the patent lacks novelty or inventive step.
At HØIBERG, we have the expertise and experience to assist you in analyzing the validity of any blocking patents and identifying dominating patents.
Invalidation in different jurisdictions
In most jurisdictions, including Europe and the US, an issued patent may be invalidated through opposition proceedings directly at the patent offices. Typically, you have a deadline of 2 to 9 months from the issuance of the patent to file an opposition.
Alternatively, a patent may also be invalidated through invalidation proceedings in a court of law, either as a separate case or as part of infringement proceedings. These proceedings can be filed at any time after the patent’s issuance.
Do you want to invalidate a patent?
If you need more information on invalidations or want to discuss your options for invalidating an issued patent, please reach out to any of our experts.