#JWPBlog – Third-party observations as an alternative to opposition proceedings
When wishing to commercialize a product, entrepreneurs often choose to conduct a freedom to operate (FTO) search. This search makes it possible to identify the exclusive rights remaining in force, which include the designated product in their scope of protection in a given territory. In practice, there is a risk that by introducing this product to the market, someone else’s patent will be infringed. In such a case, you can apply for a license or try to cancel the interfering rights. It is also worth knowing that the FTO search also helps to identify patent applications against which there are pending proceedings and a decision is not yet issued. In this case, we do not know when the proceedings will end and with what result, and therefore we cannot predict the final scope of protection of the patent claims. At this stage it is not possible to file an application for invalidation or opposition, and the proceedings themselves can take years. So, does a third party have a chance to influence the outcome of patent proceedings while they are still in progress?
