About Troll Buster

Troll Buster™ patent opposition services were developed in response to the runaway trend largely initiated in the United States by Jerome Lemelson and now a long line of others who came quickly thereafter to cash-in on an imperfect patent system. Namely, those who extract undue patent royalty fees under the threat of very serious litigation expense.

As a typical patent litigation action now requires about €1 million per side, per year to prosecute/defend, it has become easy for “Patent Trolls” to extort license royalties on questionable patents from those who are incapable and/or unable to effectively engage the patent infringement litigation process due to the extreme complexity and costs involved.

Patent opposition is another tool to further strengthen the patent system by providing means of disposing bad patents. By eliminating patents improperly issued without due consideration to the entire body of prior art, patent abuse can be reduced. For about €20,000, a person can initiate a very serious challenge to a patent being unfairly enforced against them. If the patent claims are found to be too broad in opposition, the European Patent Office may force appropriate adjustments to the claims. The process is fast, fair and relatively inexpensive; …that is at least in comparison patent infringement litigation expenses.

Troll Buster™ is organized as a corporate entity with employees having patent expertise. Specifically, Troll Buster™ includes patent experts who can effectively develop prior art and present argument to the EPO in the form of a patent opposition request.

Troll Buster™ employees are not necessarily members of the patent bar. They are prior art experts with skills uniquely aligned with the EPO patent opposition processes. For all matters relating to patent litigation, please contact your favorite local law firm with beautiful expensive marble floors and ‘free’ doughnuts.

Did you know? Oppostion Facts...

Single Authority -

The European Union continues towards a ‘community patent’ (after thirty years) and a common patent litigation agreement – or a single patent legal system for all 31 countries. In the United States, considerable disorder in the patent system was eliminated once all patent matters became under the jurisdiction of the single court: Court of Apeals, Federal Circuit – it set off a firestorm of patent activity as patent verdicts became considerably more reliable and consistent. Investors knew they were getting something for their investment money. ‘Venture’ or ‘Risk Capital’ thrived and led to a fantastic start-up industry. ---

'Straw Man' -

A European patent opposition may be brought by a ‘straw man’ or nominal person. A ‘straw man’ opponent is useful in the case where the opponent wishes to conceal his identity. ---

Opposition Stats -

Patent oppositions are filed in about 6% - 10% of all European patent grants – in contrast, in the US less than .3% of patents are subject to reexamination. In Europe, about half of the oppositions lead to revocation or at least modification of the claims by amendment to narrow them. ---

Grounds for Opposition -

Opposition to patents granted by the European Patent Office may be brought up to 9 months from ‘mention of grant’ is published. Opposition is only filed on the following grounds:
1) Subject matter is not patentable under article 52 to 57;
2) The patent does not disclose the invention in a manner sufficiently clear; and/or
3) The subject matter of the patent extends beyond the content of the application. ---

Parties Entitled Appeal -

Either party to a European opposition may file an appeal upon receipt of an unfavorable result. That is, an opponent may appeal in the case where a patent under opposition proceedings is affirmed and validated. ---

Centralized Opposition -

Opposition to a European patent is centralized – that is, it is handled by the European Patent Office and has effect on all countries for which the patent was designated. ---

Opposition Lifetime -

A European patent remains in force during an opposition proceeding. As an opposition can be a lengthy process, likely to be more than 2 years, and may take more than 7 or 8 years, opposition maybe an exercise in frustration. ---

Time to Oppose -

A US patent may be subject to reexamination request for all times in which the patent remains in force. In Europe, an ‘opposition’ may only be brought within the first 9 months after the patent issues. ---