Thursday, February 22 2024   \  Published by EPO.

EPO to accelerate opposition proceedings in view of corresponding infringement OR revocation actions

EPO to accelerate opposition proceedings in view of corresponding infringement OR revocation actions

The EPO has announced in the Official Journal that it will accelerate opposition proceedings when it is informed of infringement or revocation proceedings related to the same patent pending before the Unified Patent Court or a national court of a member state in the interest of “legal certainty and procedural efficiency, as well as high quality and uniformity in the European patent system”.

This is a change of practice as previously, acceleration of opposition proceedings at the EPO was only available when there was a parallel infringement action pending before the national court or the competent authority of a contracting state. The latest version of the Guidelines, which came into force on 1 March 2023, was updated to include the Unified Patent Court (UPC). As such, the new change is that this also applies to revocation proceedings. The changes to the EPO’s approach will result in acceleration being applied to a small number of EPO oppositions where there is a co-pending revocation action but no corresponding claim for infringement. Read more

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