17Observations & Oppositions builder
Filings, by office.
The builder turns an invalidity search into the papers an office accepts, in that office's format, with every citation pinpointed. It offers the filings of the patent's own office, pre-selects the one the dates allow today and greys out the rest with the reason. It stops short of the signature. You pay for the tokens each build uses, plus a small fee: see pricing.
EPO, UPC and national courts
Europe
- EPO Third-party observations Art. 115 EPC A free, written, reasoned submission telling the EPO why a published application should not be granted, or a patent not maintained. The division must consider it. You stay outside the proceedings: no party status, no appeal. After publication, while pending→
- EPO Notice of opposition Art. 99 EPC The one procedure that lets anyone have a granted European patent revoked centrally, in every designated state, with one filing and one fee. It must be filed within nine months of the mention of grant and makes you a party. 9 months from grant mention→
- EPO Intervention of the assumed infringer Art. 105 EPC Lets someone sued on a European patent join a pending opposition or appeal and be treated as an opponent. It must be filed within three months of the first qualifying court action. 3 months from being sued→
- UPC Revocation action Arts. 32(1)(d) and 65 UPCA A standalone action asking the Unified Patent Court to revoke a European patent, in whole or in part, for every UPC state where it has effect. One fully argued pleading, one fixed EUR 26,500 fee. Any time after grant→
- National courts National revocation of a European patent Art. 138 EPC with national law An action in one state's court to revoke that state's part of a European patent. Art. 138 EPC caps the grounds; national law supplies the court, the form, the language and the fee. No fixed deadline in most states→
DPMA and the Federal Patent Court
Germany
- DPMA Third-party prior-art notice Section 43(3) PatG · Hinweis zum Stand der Technik A free notice that puts prior art in front of the DPMA examiner of a pending German application, or the patent division during an opposition. It can be anonymous. The office must consider it, and you get nothing back. Before the examiner decides→
- DPMA Third-party examination request Section 44 PatG · Prüfungsantrag eines Dritten A one-page request, by a named third party, that makes the DPMA examine someone else's pending German application. It costs EUR 350, or EUR 150 after a search request, cannot be undone and gives no party status. 7 years from filing→
- DPMA Opposition Section 59 PatG · Einspruch An opposition against a granted German national patent at the DPMA, within nine months of the grant publication, for EUR 200 per opponent. Every fact must be on paper before the period ends; nothing can be added later. 9 months from grant publication→
- DPMA Intervention Section 59(2) PatG · Beitritt A way to join somebody else's pending German opposition as a full opponent after you have been sued on the patent. The declaration and its full reasons are due within three months of the action. Fee EUR 200. 3 months from being sued→
- Federal Patent Court Nullity action Section 81 PatG · Nichtigkeitsklage An action at the Federal Patent Court to declare a German patent, or the German part of a European patent, void against everyone. It opens once no opposition is possible or pending. The court fee follows the value in dispute. After the opposition route closes→
USPTO, PTAB and federal courts
United States
- USPTO Third-party preissuance submission 35 U.S.C. 122(e); 37 CFR 1.290 A factual, document-by-document submission that puts printed prior art in front of the examiner of a pending US application while the claims can still change. Later of 6 months or first rejection→
- USPTO Protest by a member of the public 37 CFR 1.291; 35 U.S.C. 122(c) A signed, argued paper showing the examiner why a pending US application should not be granted, on any statutory ground and with evidence beyond printed publications. Before publication or allowance→
- USPTO Citation of prior art in a patent file 35 U.S.C. 301; 37 CFR 1.501 A free, optionally anonymous way to put prior art, and the owner's own statements on claim scope, into the official file of an issued US patent. Until expiry plus 6 years→
- PTAB Post-grant review petition 35 U.S.C. 321 to 329; 37 CFR part 42 A PTAB trial to cancel claims of a newly granted AIA patent, open for 9 months from grant, on the widest range of grounds the USPTO hears after grant. 9 months from grant→
- PTAB Inter partes review petition 35 U.S.C. 311 to 319; 37 CFR part 42 The standard PTAB challenge to an issued US patent over patents and printed publications: a trial before technical judges, on a preponderance standard, with full party rights. Opens 9 months after grant→
- USPTO Request for ex parte reexamination 35 U.S.C. 302; 37 CFR 1.510 A request that the USPTO re-examine an issued patent over prior patents and publications, for roughly an eighth to a quarter of IPR fees and with no statutory estoppel. Until expiry plus 6 years→
- US courts Declaratory judgment complaint 28 U.S.C. 2201, 2202 A federal suit by the accused party, asking the court to declare non-infringement, and invalidity only when the client decides, once the patentee has asserted its patent. Once a controversy exists→
Facts checked against each office's rules on 22 September 2026. IPtorch is not a law firm and these pages are not legal advice. The builder's output is unsigned work product for a registered professional to review, sign and file. Confirm current requirements, fees and deadlines with the receiving office.