Patent

Whether as part of a litigation strategy or otherwise, the ability to formally question the validity of a granted patent can prove an important consideration such as for clients who feel their competitors’ patents could provide an unjustified scope of protection for the related technology. While the validity of UK national patents can be challenged only at the UKIPO, and before the UK courts by way of formal revocation proceedings, the European patent system includes a post-grant opposition procedure by which the grant of European patents can be challenged centrally at the EPO within a period of nine months from the date of grant. Third parties can therefore oppose the European patent in the form that has been granted and can either seek to have the patent revoked outright or perhaps amended in such a way so as to no longer represent a commercial problem. The possibility of central attack at the EPO therefore has the advantage that the outcome of the opposition will affect the patent in all of the countries it covers.

The EPO opposition procedure is therefore available as an efficient and cost-effective tool for attacking a recently granted European patent and so it is important to maximise the potential effect of the procedure.  

European Patent Attorneys within the patent team at W.P. Thompson & Co. have extensive and well-developed experience in conducting opposition proceedings across all technical fields at the EPO. We have extensive knowledge of both pursuing, and defending, oppositions both before the first instance Opposition Division of the EPO, and subsequently before the Boards of Appeal if the first instance decision is challenged.

It is quite often the case that an ongoing opposition will represent just one part of a wider commercial dispute and the proactive and flexible approach adopted W.P. Thompson & Co. readily lends itself to integration within a client’s wider commercial strategy.