In this webinar we will compare and contrast mechanisms for challenging patents in both Europe and the US. In particular, we will focus on opposition proceedings before the European Patent Office (EPO) along with proceedings at the Patent Trial and Appeal Board (PTAB) in the US. Comparisons will be made between each of the jurisdictions illustrated by case studies as examples. Additionally, the panel will provide practical tips on how to maximize the chance of success in each jurisdiction.
This webinar will cover:
• An outline of the European opposition process and PTAB trials process in the US generally, including inter partes review (IPR) and post-grant review (PGR)
• Tactical considerations and approach prior to filing an opposition in Europe or a petition for IPR/PGR in the US
• Discussion of key differences between European and the US invalidity proceedings
• Practice updates from Europe, including the use of videoconferencing for oral proceedings and changes to the Rules of Procedure at the Boards of Appeal
• Practice updates from the US, including discretionary denials and the many challenges to the NHK-Fintiv rule, which may block IPRs when co-pending litigation exists
• Strategy considerations in deciding whether to challenge a U.S. patent versus a European patent