Case Overview
In April 2024, while conducting a Freedom-to-Operate (FTO) analysis for a client's product in the European market, our team proactively identified a pending European patent filed by a Belgian company. Our analysis revealed that its claims substantially overlapped with key technologies of our client’s product, posing a potential infringement risk that could impact the client’s product launch plans in Europe. We closely monitored the case, and by August 2024, the European patent had entered the divisional application stage.
Leveraging thorough prior analysis and accumulated evidence, together with close collaboration with our overseas counsel, WEIPR formed a dedicated task force to further develop legal arguments and prepare supporting materials. In December 2024, we formally filed an opposition with the European Patent Office (EPO), submitting multiple key documents and requesting full revocation of the patent. The main grounds for opposition included:
1. the subject-matter of the European patent extends beyond the content of the divisional application as filed, and beyond the earlier application as filed;
2. the European patent does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art;
3. the subject-matter of the European patent is not patentable because it is not new, or does not involve an inventive step.
After examination, the EPO issued a decision in late September 2025, upholding our arguments and revoking the European patent in its entirety.
Case Commentary
This case exemplifies how Chinese enterprises can proactively utilize pre-grant opposition procedures—supported by targeted searching and FTO analysis—to successfully eliminate overseas infringement risks at an early stage. Beginning with specialized prior art retrieval, we accurately identified potential threats before patent grant and efficiently neutralized them through multi-faceted legal arguments and international coordination.
This successful outcome not only removed the risks of potential infringement disputes and market access barriers for our client, but also demonstrated a strategic shift among Chinese companies from a reactive posture to proactive engagement in the global IP landscape. The end-to-end process—from initial FTO analysis to a successful opposition—showcases WEIPR’s professional expertise and strategic execution capabilities in handling global patent disputes at their earliest stages, providing reliable professional support for Chinese innovation going global.
鄂公网安备 42010402001546号