In an effort to streamline cases before the Unified Patent Court, national courts, and the European Patent Office (EPO), the EPO is accelerating opposition proceedings for infringement and revocation.

This move was announced in a letter from EPO President António Campinos to Sir Robin Jacob, former appeal court judge and the Sir Hugh Laddie Chair in Intellectual Property Law at the Institute of Brand and Innovation Law (IBIL), University College London.

The acceleration of opposition proceedings is a response to the increased complexity that the UPC has brought to the European Patent System. By expediting these proceedings, the EPO aims to promote legal certainty, procedural efficiency, and quality within the system.

Key Points

• The EPO will accelerate opposition proceedings when informed of infringement or revocation actions pending before the UPC or a national court/authority of a member state.
• This applies to both European patents and Unitary Patents.
• The acceleration will take place regardless of an explicit request from the parties.
• The EPO will make every effort to issue the next procedural action within three months of receiving notification of parallel proceedings.
• Oral proceedings will be (re)scheduled to take place at the earliest possible date.

Benefits

The acceleration of opposition proceedings is expected to provide a number of benefits, including:

• Legal certainty: By concluding opposition proceedings swiftly, the EPO can help to resolve disputes more quickly and provide greater certainty for patent holders and potential infringers.
• Procedural efficiency: Streamlining opposition proceedings can help to reduce the time and costs associated with patent litigation.
• Quality and uniformity: By promoting a more harmonized approach to opposition proceedings, the EPO can help to ensure that patent decisions are of high quality and consistent across the European patent system.

Overall, the EPO's decision to accelerate opposition proceedings is a positive step that will benefit all stakeholders in the European patent system.

Commercially focussed Chartered & European Patent Attorneys with offices in the York, Newcastle and Dublin providing intellectual property (IP) services to innovative companies worldwide.