“In contrast to litigation proceedings in national courts, an opposition may be filed against a European patent in the name of a so-called straw man, behind which the identity of the interested party may be hidden. In a recent Board of Appeal case (T 1839/18), a patentee questioned whether straw man oppositions are in line with the principle that acts performed before the EPO require a legitimate purpose. In its decision, the Board of Appeal presented strong support for the established case law that anyone should be able to file an opposition. The Board cited the broader public interest that invalid patents should be challenged in view of the patent bargain between the state and the patentee …” (more)
[Rose Hughes, The IPKat, 10 May]
First posted 2021-05-11 09:30:01
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