In case parties wish to challenge a patent application or patent using Third-Party Observations and do not want to reveal their real identity, it has become a legal tactic to use a middleman’s or straw man’s name instead.
Man in the Middle can help you stay anonymous in any Third-Party Observations by simply filing in Man in the Middle’s name instead!
Advantages
- Anonymity
You or your client can remain anonymous, avoiding potential business or legal repercussions. - Strategic Benefit
You or your client can challenge patents without revealing their strategic interests or market positions. - Legal Protection
Using Man in the Middle prevents potential counteractions by the patentee against you or your client. - Priority
Third-party observations are prioritized by the examination division (next office action within three months) as long as they are not anonymous. Have the benefit of both, priority and anonymity, by using Man in the Middle (see Legal Framework). - Communication
Using Man in the Middle for your third-party observations allows the EPO to get in contact with you through Man in the Middle, for instance, an invitation to correct formal deficiencies. In case you or your client file anonymous third-party observations without Man in the Middle, the EPO will not be able to contact you, and your third-party observations will be deemed not to have been filed and disregarded.
Filing third-party observations at the EPO using Man in the Middle’s name is a legally permissible strategy to challenge patent applications and patents while maintaining anonymity (provided that proceedings before the EPO are pending). This method offers strategic advantages but requires careful handling to ensure compliance with legal and ethical standards. The practice has been upheld by the EPO’s Boards of Appeal, reflecting its acceptance within the European patent system.
Do you want to know more about the legal framework, considerations, or practical examples?
Please visit our Knowledge Hub: Why Man in the Middle.
You might also be interested in the Order Process and the Terms and Conditions.
