Are there ways to challenge an existing patent?
October 13, 2022 | 60,00 EUR | answered by Otto Kock
Dear Attorney,
I am reaching out to you with a question regarding patent law. My name is Piotr Hagedorn and I am the owner of a company specializing in the development and manufacturing of innovative technical devices. Some time ago, I became aware that another company has been granted a patent for a similar technology that, in my opinion, resembles my own invention.
The situation has me concerned as I fear that the existing patent could potentially impact my business opportunities. I have already tried to contact the company to potentially reach an agreement, but have been unsuccessful. Therefore, I am wondering if there are legal options to challenge an existing patent.
I would like to know from you if there are chances in such a case to challenge the patent of the other company and have it declared invalid if necessary. What steps would I need to take and what legal principles should be considered? Are there specific deadlines that I must adhere to in order to challenge a patent?
I would greatly appreciate it if you could provide me with your assessment of this situation and suggest possible solutions. I hope that with your expertise and experience in this field, you can assist me.
Thank you in advance for your support.
Best regards,
Piotr Hagedorn.
Dear Mr. Hagedorn,
Thank you for your inquiry regarding patent law. It is understandable that you are concerned if another company has obtained a patent on a technology that is similar to your own invention. In such a situation, it is important to consider whether there are legal options to challenge the existing patent.
First and foremost, it is important to mention that patents can generally be challenged for unjustified patent claims. There are various reasons why a patent can be declared invalid, for example if it is not new, does not involve an inventive step, or is not industrially applicable.
To challenge the other company's patent, you would need to file an application with the relevant patent office. It is important to provide specific reasons for the invalidity of the patent and, if necessary, present evidence to support your argument. It is advisable to seek assistance from an experienced patent attorney to ensure that all legal requirements are met.
There are no fixed deadlines for challenging a patent, but it is advisable to act quickly to avoid potential legal disadvantages. The sooner you file the challenge, the better it is for your legal position.
It is also important to note that challenging a patent is a complex process and can vary from case to case. Therefore, it is advisable to seek legal advice early on to have the best chances of success.
In your specific case, it would be advisable to gather all relevant documents and information that prove your invention and the similarities to the patented technology of the other company. You can then work with a patent attorney to develop a strategy to challenge the patent.
I hope this information helps you and gives you an initial insight into the legal options available to you. If you have any further questions or need assistance, please feel free to contact me.
Sincerely,
Otto Kock
