Patent Oppositions & Appeals
Our expert patent attorneys provide best-in-class representation and guidance for your EPO patent oppositions and appeals.
We are experts in EPO patent oppositions #
Patent opposition proceedings at the European Patent Office (EPO) are an amazing tool for third parties seeking freedom to operate within Europe. They are cost-effective compared to litigating a European patent in even a single European national court; the decisions are consistent and rendered in a timely manner.
Our experienced patent team has an impressive record of helping patentees defend and maintain their rights during opposition proceedings initiated by third parties. The team is also regularly involved in opposing third-party rights on behalf of our clients, thereby successfully obtaining freedom to operate within Europe.
With in-depth technical knowledge, unique industry insight and excellent advocating skills, our talented team of patent specialists are highly qualified to guide you through the entire process.
Protecting your rights, ideas and innovations across Europe #
An EPO opposition is a procedure allowing a third party to challenge the validity of a European patent. An opposition can lead to the patent being maintained as granted, amended or revoked. Anyone can file an opposition to a patent within nine months of the date of the grant being published.
These proceedings are an important tool in any effective intellectual property strategy. They can offer huge commercial benefits – proactive and strategic management of the patent opposition and appeal process from the outset can deliver a long-lasting competitive advantage.
Whether you’re the patentee or the opponent, choosing the right team to guide you through these proceedings is key to success. We have deep expertise and a proven track record in attacking and defending patents of all types and complexity.
Technical and legal specialists in patent oppositions and appeals #
We have extensive and in-depth knowledge of the EPO opposition and appeal procedure, with a proven track record of success in cases across a wide range of sectors and technologies.
- Broad, deep expertise: With over 120 attorneys, 400 staff and 22 global offices, we cover all fields of technology, ranging from pharmaceuticals compositions to mechanical devices, polymers, digital systems, diagnostics and more.
- Comprehensive support: You will benefit from our expertise and support at every stage of the patent opposition proceedings, including assistance in preparing necessary documentation and evidence.
- Innovative solutions: We’ve worked on many complex cases, including those involving multiple opponents. Our approach is analytical, thorough and, at the same time, creative – we’ll find the most suitable solutions, even if they are out of the ordinary.
- Integrated strategy: We will keep an oversight of any co-pending litigation or ongoing licence agreement negotiations for you and leverage them into the proceeding.
- In-depth insights: We will utilise our in-house search expertise to monitor your competitor activities and to find the most relevant prior art, if needed.
- Industry recognition: As a law firm and individually, we’re routinely listed in leading patent directories and ranking reports, including IAM 300, IAM 1000, IPStars, Legal 500 and Chambers and Partners.
Meet our patent opposition team #
FAQs #
What is a patent opposition? #
A patent opposition is a legal procedure at the European Patent Office (EPO) that allows any person or company to challenge the validity of an existing granted patent. The Challenger must present evidence and arguments before a Patent Office to prove that the granted patent should not have been issued in the first place. Oppositions at the EPO are unique opportunities to challenge European-granted patents in all countries where a patent is valid.
When can I file a patent opposition? #
To protect your rights, it is crucial to file a patent opposition within nine months of the grant of the patent. By doing so, you can challenge the patent's validity and potentially prevent any undeserved monopolies. Taking prompt action ensures a fair and competitive landscape for innovation.
What happens after filing a patent opposition? #
Once a notice of opposition has been filed, it will be communicated to the patentee, who has four months to respond. All parties will be invited to attend an Oral Hearing before a panel of three experienced members with extensive knowledge in the field. During this crucial session, both parties will have the opportunity to present their arguments and provide supporting evidence, allowing the panel to thoroughly assess and determine the validity of the patent in question. The Oral Hearing is a significant milestone in the process, ensuring a fair and comprehensive evaluation of the case. At the oral proceedings, the patent will be either maintained as granted, revoked, or maintained in amended form.
Expert insights: patent oppositions & appeals #
Discuss your patent opposition needs with an expert #
Protect your patents and effectively challenge competitors at the EPO. Our support in oppositions and appeals ensures your rights are defended.
