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A European Patent Office (EPO) Patent opposition is the legal process that allows anyone to challenge the validity of a EPO patent in all the territories where it is in force in a single action by filing an opposition against its grant on the basis of novelty, inventive step, industrial applicability, insufficiency and/or added matter.
The benefit of a successful opposition is simple. It could result in the complete revocation (cancellation) or limitation of a competitor patent in every state or territory covered by the patent, protecting your freedom to operate. It is therefore a cost-effective way to address infringement risk simultaneously in several markets. These benefits need to be balanced against the disadvantages of choosing to file an EPO opposition over national litigation and/or a UPC revocation action.
In this paper we share some of the experience and expertise the EPO oppositions and appeals specialists in our patent team have amassed from both perspectives: (i) effectively opposing a competitor's patent and (ii) ensuring that defence against a potential opposition is as robust as possible.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
