Accelerated EPO oppositions. The perennial topic of anguish, anger, anxiety, annoyance, etc amongst patent attorneys and litigators, alike. With the Unified Patent Court (UPC), a new dimension arrives. Patent litigation strategists are not just plotting out their timelines of national proceedings v EPO, but also the UPC.
The UPC forecasted this issue and made provision in its Rules of Procedure. Rule 298 provides for the Court of its own motion or at a request of a party requesting that EPO opposition or amendment proceedings (including any appeal) be accelerated at the EPO. Rule 295 also gives the power to the UPC to stay their proceedings pending the EPO. So, very similar to the national courts of most EPC contracting states. Read more