We want to celebrate the extraordinary success of the client Ferentis and our patent team, which managed to defend client’s patented invention in the Opposition proceedings at the European Patent Office

What’s so special?

– The invention was challenged by an undisclosed opponent using a representative from a large German law firm specializing in patents. Such an anonymous opponent is called a “straw man” in patent law;

– The client’s patented invention is a synthetic peptide designed to replace natural collagens, and is suitable in particular in the development of the artificial cornea;

– The applicability of the invention is highly promising in many different areas of regenerative medicine and biotechnology;

– The patent for the invention was granted in 2020, the patent protection is valid in 5 countries – Germany, Great Britain, France, Belgium, Ireland;

– Client’s exceptional effort and contribution in fighting for their invention and patent.

Patent oppositions filed by a so-called “straw man” are very specific, since the defending party does not know the real motive of the opponent. It can be a competitor, a former employee, or simply a scientist who created the same or a similar invention on the other side of the world. In all cases, the defense strategy could be different. Once defending against a competitor – there is an opportunity to negotiate and end the dispute peacefully, to agree on the so-called cross licensing. With the employee, there is an opportunity to defend based on existing non-compete agreements or trade secret protection agreements. In the case of a scientist, to agree, for example, on the so-called peaceful coexistence or cooperation.

We congratulate our long-time client Ferentis and our European Patent Attorney Elena Armalytė, who represented this case before the European Patent Office Opposition Division, in a team with Francis Leyder, Jurga Petniūnaitė and Rimantas Venteris.

We also want to encourage you that defending your invention is worthwhile and possible, even if you have to rely on various strategies at once!