My patent was filed as an EPO originating in the USA and it took almost five years to prosecute. It has ultimately resulted in award of USA patent only.
1) is there any jurisdiction covered by an EPO filing that would allow a patent application to be revived several years after the individual country application dates have expired? This assumes there is a deep pocket investor willing to pay for the privilage.
2) Having discovered that a clearly infringing (read obviously invalid) foreign patent has been issued in Germany. Given that situation, must I still file suit to defend my patent holder rights in the US? To my best understanding (not being familiar with German patent law) I am sure we would prevail if the case were brought forth. But I do not see a clear financial upside to me other than to clearly define me as the inventor (which I am!) Note that the invention is not trivial!!! It may be worth billions!!! Also note that the priority date for the US patent greatly predates the German patent. Indeed the German priority date is not till several months after the one year mark passed on the US application and caused the US application to be published. Also note that the German patent has already been used to establish a company. Thank you - Inventor333