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Opposition & Revocation Proceedings

Opposition and revocation proceedings often emerge as vital tools for maintaining the integrity and exclusivity of your innovations. At CDS-LUTHI Intellectual Property Group, we employ a proactive approach to preserving your IPRs through effective opposition and revocation strategies across various jurisdictions, both when initiating these proceedings on your behalf or defending them if they are initiated against you.

Why should I pursue opposition and revocation proceedings?

Opposition and revocation proceedings provide a mechanism for challenging the validity of granted IPRs or to oppose the grant of new ones. These proceedings permit you to remove potential threatening patents thereby safeguarding your ability to market your products. Our team of IP experts understands the significance of these proceedings for advancing both domestic and global business interests.

When should I institute opposition or revocation proceedings?

A registered IPR—be it a patent or trademark—empowers its holder to initiate infringement proceedings in court against any party that violates these rights. For instance, a patent holder can legally restrain another entity whose product or service infringes upon the patent’s claims. Similarly, a registered trademark can be wielded to prevent others from deploying an identical or confusingly similar mark. If you encounter an IP right that poses a threat to your business operations, you should contemplate filing an opposition—provided you’re still within the stipulated timeframe—or launching a revocation action. While you can present invalidity arguments during infringement disputes, proactively initiating an opposition or revocation action can often serve as a potent deterrent.

Strengthen your IP protection and enforcement strategy. Contact us today at CDS-LUTHI to explore how we can safeguard your IPRs, deter infringement, and secure your innovations across the globe.

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