Fixed-prices-for-Notices-of-Opposition

Fixed prices for Notices of Opposition

Hynell has recently created an Opposition Team to optimise the use of the skills and experience of the attorneys within the firm. The team numbers four senior attorneys, each with a long experience in IP matters, including European Patent Oppositions.

Anticipating that the number of opposition cases will rise in the future, the team has looked into ways of making the price of opposition procedures more predictable, while retaining the highest level of skill and attention to each case. As a result, Hynell is now able to offer fixed or capped prices for drafting and filing Notices of Opposition with the EPO. The intention is to facilitate decision making in companies, where budget constraints have to be taken into account.

The fixed or capped price for an individual case will be determined using an in-house designed calculation model. The model takes into account the details of the individual case and generates an estimated cost which covers all the steps required to produce a well-reasoned and supported opposition. The potential opponent will then be presented with a fixed or capped price for the drafting and filing of the opposition. This will make it easier for a potential opponent to judge whether a potential opposition is commercially defendable and in line with budget constraints or not.
In a similar manner, a patent proprietor may request a fixed or capped price for the first written submission to defend against an opposition, also facilitating the budget process.

Members of the Opposition Team:

Barry Franks

European patent attorney, Swedish patent attorney and partner

Barry Franks

Barry is authorised representative before the European Patent Office and the Swedish Patent Office. He has a B.Sc. in Engineering with French from the University of Bath.

Since he started working in IP in 1983 Barry has built up a wide range of experience encompassing almost 10 years as Examiner at the European Patent Office in The Hague, The Netherlands, 7 years as in-house patent counsel at GE Healthcare in Sweden and the UK, and over 15 years as a patent attorney in IP law firms in Sweden.

In addition to drafting and prosecuting patent applications in the mechanical fields (covering anything from airbags to chromatography systems) Barry has specialized in oppositions appeals and frequently attends oral proceedings before the EPO on behalf of clients. Barry is also experienced in establishing due-diligence, freedom-to-operate and invalidity opinions. Barry has lectured on IP at the Swedish Patent Office, the Swedish IP Academy and worldwide at a conferences and seminars in, amongst others, China, Hong Kong and India.


Åke Bergman

Patent attorney

Dr. Åke Bergman is a patent attorney at, specialising in patent prosecution, opposition proceedings and litigations, mainly in the field of Metallurgy.

Prior to joining Hynell in 2011, Åke held positions in the Metallurgical Department at the European Patent Office (EPO) in Munich, which he joined in 1990, progressing to chief examiner in 1999 and directorate advisor in 2005. He gained extensive experience of oral proceedings in examination and opposition, and he held the position of chairman at more than 250 oral proceedings. Before joining the EPO, Åke worked at the Swedish Institute for Metals Research and in the Swedish steel industry (SSAB).

Åke is an associate professor in Metallurgy at the Luleå Technical University, holds a Ph.D. in the Casting of Metals from the Royal Institute of Technology in Stockholm (RIT) and a M.Sc in Materials Science (RIT). Åke also completed a postdoctoral scholarship at the Institut für Allgemeine Metallurgie in Clausthal-Zellerfeld, Germany.


Johan Ståhlberg

European patent attorney and authorized patent attorney (SE)

Johan is authorised representative before the European Patent Office and the Swedish Patent Office. He has a M.Sc. in Engineering Physics from Lund University of Technology,

Johan Ståhlberg

Johan has worked with IP since 2004. Johan handles, amongst others, the drafting and prosecution of patent applications, and patentability analyses. Johan specializes in infringement analyses, FTO-investigations and oppositions. Johan also performs due-diligence to evaluate patent portfolios. Johan is competent to work within the fields of IT/telecom, physics and mechanics, in particular blockchain technology, AI, neural networks, cloud software for e.g. orchestration, medical devices, LCDs and control systems.

Before entering the IP field, Johan worked with software development for real-time systems and PCs, project management as well as providing technical support for the marketing and sales of consumer electronics. Moreover, Johan has experience from research and development of lithography systems for silicon wafers.


Magnus Holmberg

Magnus Holmberg

Partner and Chairman of the board

Authorised representative before the European Patent Office and the Swedish Patent Office. He has a M.Sc. in Aeronautical Engineering from KTH in Stockholm, and a LL.M from the University of Lund.

Magnus has also worked in the UK as an in-house patent attorney at Vestas Wind Systems, as a patent attorney at two other patent firms in Stockholm, and as a design and test engineer, and manager at a sailplane manufacturer in USA.

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