The European Patent Office (EPO) opposition procedure allows people to challenge the validity of an EU patent within 9 months of its grant date.  Oppositions are a way to revoke people’s patents.  Oppositions have historically taken up to 3 years after the grant date to reach a decision resulting in legal uncertainty for all parties until a decision is reached.

In July 2016 the EPO introduced a streamlined opposition procedure to expedite decisions on opposition proceedings.  The Opposition Division now aims to reach a decision within 2 years from the grant date.

Under the new procedures the following process applies after an opposition has been filed:

  • the EPO invites the patent proprietor to respond with observations and any amendments to the patent
  • the response time limit has been reduced from 6 months to 4 months
  • all parties present final arguments at oral proceedings
  • the Opposition Division set a date (immovable unless in exceptional circumstances) for oral proceedings and issue a provisional opinion on the validity of the patent within 2 months of receipt of the patent proprietor’s response.

Source: http://ow.ly/ImeQ303hNuT

Summary
New Streamlined EPO Oppositions Procedures
Article Name
New Streamlined EPO Oppositions Procedures
Description
The European Patent Office (EPO) opposition procedure allows people to challenge the validity of an EU patent within 9 months of its grant date.  Oppositions are a way to revoke people’s patents.  Oppositions have historically taken up to 3 years after the grant date to reach a decision resulting in legal uncertainty for all parties until a decision is reached.
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Dawn Ellmore Employment
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