EPO opposition practice for US attorneys

US businesses and attorneys expect patent litigation to include a "patent office option" where a trial or proceeding at a patent office will sort out whether a patent was improperly granted by that office. In the US, USPTO PTAB trials have become "go-to" proceedings for careful review of patent validity.  It is an option our clients expect to be available.

EPO Opposition is the closest thing that Europe offers to a PTAB IPR or PGR validity trials.  It has operated for decades and each year the EPO hears more than twice as many opposition challenges as the PTAB hears IPRs and PGRs. 

The UPC will increase the value and strength of patents granted from the EPO.  The UPC also increases the importance of filing and winning EPO oppositions.  US litigators will need to understand and leverage EPO opposition so that US companies can access these proceedings and successfully attack or defend granted patents.  

Additionally, understanding EPO opposition will help with UPC actions as Rule 295 of the UPC Rules of Procedure allows for the UPC to stay proceedings when the action before the UPC relates to a patent that is subject to an EPO opposition.  

Watch the video below for a short introduction to EPO opposition practice for US attorneys and businesses under the new Unified Patent Court system.