A European Patent Office (EPO) opposition is often the first line of defense for a party seeking to invalidate a European patent. Oppositions must be filed within nine months of the patent’s grant, and they offer a centralized way to revoke or limit the patent in all designated states. With the Unified Patent Ccourt (UPC) now providing a parallel central revocation mechanism (with no deadline) for UPC member states, it was inevitable that some patents would face both an EPO opposition and a UPC revocation/infringement action at the same time. The interplay between these proceedings has quickly become a critical issue, raising questions of stays, inconsistent outcomes, and tactical timing. Case law from 2024–2025 illustrates how the UPC and parties are managing double-tracked disputes.
Recent Posts
- UPC vs. EPO Oppositions: Lessons from Recent UPC Case Law
- Other Barks & Bites for Friday, April 11: CAFC Denies Transfer of EDTX Patent Case; Texas Leads Entire U.S. in IP Exports; and Google Declines to Respond to Cellspin Soft Cert Petition
- Federal Circuit Issues Precedential Order Denying Mandamus Relief for SAP, Despite District Court Errors
- CAFC Affirms Dismissal of Opposition to iVoters Marks But Hints USPTO Should Reconsider Registration
- Why Creativity and Ownership Are Crucial to Innovation | IPWatchdog Unleashed