Defense of own or revocation of third party property rights

Defense of own or revocation of third party property rights

Once a property right has been registered or granted by the relevant office, the process of obtaining the property right is essentially completed – unless a third party takes action against this!

Here, depending on the property right, there are possibilities available for filing opposition against the patent directly following its granting or, later, of instigating nullity proceedings against the patent or to request cancellation of registration of the utility model, trademark or design patent.

In all cases, arguments and documents are required both for the holder of the property right and for the third party which prove or disprove the non-protectability of the granted or registered property right and which convince the competent body, i.e. office or court, of this viewpoint. This can involve a not inconsiderable amount of work. It is possible, as well as the complete revocation of a property right, to also achieve merely a restriction of the scope.

© Copyright Dr.-Ing. Christian Holz. All rights reserved.