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I want to personally thank Charlie Heal , Emily Fox, Cara McAtee, and the entire team at Albright IP for their hard work, dedication, and professionalism in helping me submit my first ever patent: the Baffer Ball fire suppression system.
From the very first meeting, Charlie and Emily made everything feel clear, comfortable, and respectful. They listened carefully to my ideas, even though I’m not from a technical or legal background – I’m a painter and decorator by trade. But they believed in my vision and treated it with such care and seriousness that I felt truly supported as an inventor.
Over several months, we worked closely by email and phone. Charlie and the team guided me step by step to build one of the strongest, clearest, and most professional patent drafts I could have hoped for. The claims they wrote are powerful, and the language used shows how deeply they understood my invention. They didn’t just file a document – they helped shape a legacy.
Charlie, even though he is young, is incredibly professional and experienced. I am amazed at how he managed such a complex project with kindness, patience, and precision. Emily and Cara were also fantastic throughout.
This was not just paperwork – this was my dream since childhood. And Albright IP helped me make that dream real.
💬 I look forward to working with them again on future patents. The Baffer Ball is just the beginning – and I am proud that Albright IP was there from Day 1.
Thank you so much again — from the bottom of my heart.
— Morteza
He’s not only incredibly knowledgeable, but also warm and approachable. No question has ever felt too small, and he genuinely cares about the success of my business. I’d highly recommend Marc to anyone looking for a dedicated, trustworthy, and skilled patent attorney.
The patent was filed within weeks and had a depth of technical input from Albright that was excellent. I'm very pleased.
I have filed patents in the past but working with Albright IP was a totally different experience. I recommend them without hesitation.
Their knowledge regarding the patent process is extensive.
They have help me navigate the complex process to gain patent granted on my first design and patent pending on my second design.
I feel reassured and confident to put my designs in their hands knowing they will give the best advice based on the facts and not for their own financial gain.
Brilliant company.
Kathryn Haslam
Comfyi.
They were also very clear regarding fees, and set out a very helpful visual timeline and cost breakdown on the whole patent application process at the pre-sales stage. This emphasis on making sure I understood all aspects of the work, and having documentation to help with that, is something I didn't see with any of the other patent services I was talking to at the time. This clear communication continued throughout our interactions.
Would recommend Albright IP to anyone looking to patent an invention. The patent they filed for me was for a software invention.
No upselling for their fee either, just a fair, professional appraisal...
Thanks to Allbright, I am not spending thousands on a low hope project (when I so easily could have been).
Then end result being that we accomplished everything I wanted to in time and budget.
Highly recommend.
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FILING AND DEFENDING EUROPEAN PATENT OPPOSITIONS
INDEX
- Why File an Opposition To A European Patent?
- European Patent Application Watching
- How To File An Opposition Against A European Patent
- Opposition Procedure
- How To Defend Your European Patent
- Contact us
The only way to challenge the validity of a European patent in all of the territories where it is in force in a single action is to file an opposition against the grant of the European patent.
Opposition proceedings must be initiated within nine months of the date of grant of a European patent and if successful, can result in the complete revocation or knock-out of the patent in all of the designated states or territories covered by the patent.
The opposition procedure is thus a consolidated process which allows a single challenge to be made that is effective in all countries covered by the patent.
WHY FILE AN OPPOSITION TO A EUROPEAN PATENT?
A granted European patent provides a monopoly right to the owner over an invention in any of the 38 member states (and six validation or extension states if relevant) where the patent is brought into force. Without the opposition system, a challenger would need to issue invalidation proceedings in each of the states where the patent was in force and they wished to work the invention. This would be time consuming and very expensive.
As such, filing an opposition is a cost-effective way of knocking out a patent in multiple territories.
Additionally, filing an opposition, which can only be done after grant, means that the owner of the patent cannot amend the claims to extend the scope of protection. This can therefore restrict the owner’s options in responding to the challenge, as compared to challenging a patent application when it is pending (via third party observations).
EUROPEAN PATENT APPLICATION WATCHING
Since an opposition can only be filed within nine months of grant of the European patent, it is vital that, if you become aware of a potentially troublesome European patent application, it is monitored so that you know when the period for filing opposition begins.
Albright IP can set an excellent watching service to monitor the progress of a competitor’s European patent application. Please contact us as soon as you become aware of a competitor’s European patent application.
HOW TO FILE AN OPPOSITION AGAINST A EUROPEAN PATENT
A European patent can be challenged or opposed on the grounds of:
- Non-patentability:
The invention is not a patentable invention (for example, it is not new or inventive).
- Insufficiency:
The patent specification does not disclose the invention clearly and completely enough for it to be performed.
- Added matter:
The subject-matter of the patent extends beyond the content of the application as filed, or, if the patent was granted on a divisional application or a new application filed stemming from a base parent application, beyond the content of the earlier application as filed.
To initiate opposition proceedings, the opponent must (among some other requirements):
- Provide a written reasoned statement of case which provides an indication of the facts, the evidence relied on and the arguments in support of the grounds upon which the opposition is based.
- Pay the opposition fee.
- Provide an address for service in a European Patent Convention contracting state. This must be either the opponent’s own address, or that of a valid representative under the European Patent Convention, such as a European Patent Attorney.
OPPOSITION PROCEDURE
On acceptance of the opposition, the European Patent Office (EPO) will forward the notice of opposition to the proprietor of the patent which is being challenged for their review. The proprietor is set a deadline in which to consider the opposition and respond, by filing counter-arguments and/or amendments to overcome the objections. The opponent is provided the proprietor’s response and may submit further arguments. The case is then typically considered by the Opposition Division at the EPO and a provisional opinion is issued. An oral hearing is then usually set, and the Opposition Division issues its decision following the hearing.
Depending on the outcome of the decision, which may be that the patent is entirely revoked, is only partially revoked and thus maintained in amended form, or that the opposition was dismissed and the patent is fully maintained in unamended form, the losing party may be able to file an appeal. If the appeal maintains the decision, validity of the patent may still be challenged in each country via the national court.
Opposition proceedings normally take more than a year and can attract some significant costs. However, the centralised procedure does provide a cost-effective way to challenge a European patent, before the need arises to challenge the patent separately in each country in which the patent is validated.
HOW TO DEFEND YOUR EUROPEAN PATENT
There are a number of options available to the owner to defend their European patent and the merits of these will depend upon the circumstances of the opposition. Expert attorney guidance should be obtained to advise you.
If you would like further information, please email us directly here or call +44 (0) 1242 691 801 to speak to a qualified European Patent attorney.