EPO Opposition & appeal proceedings

The opposition procedure at the European Patent Office is one of the most effective tools available for challenging or defending a European patent. A single proceeding can determine the fate of a patent across all designated states, making the stakes high and the preparation critical.

IP-DEAL provides experienced guidance through every stage of EPO opposition and appeal proceedings. Whether you need to challenge a competitor's patent that threatens your freedom to operate, or defend your own patent against an opposition filed by a third party, we bring the technical depth and procedural knowledge the situation demands.

We handle cases across all technology fields, with particular strength in pharmaceuticals, biotechnology, medical devices, and complex chemical compositions. Our team prepares submissions, manages evidence, builds arguments around novelty and inventive step, and represents clients in oral proceedings before the Opposition Division and the Boards of Appeal.

EPO Opposition & Appeal Proceedings Building Office

"More than two-thirds of opposed European patents are narrowed or revoked. Preparation is what separates the outcomes."

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FAQs

  • An EPO opposition is a post-grant procedure that allows any third party to challenge a European patent within nine months of its grant. If successful, the patent can be revoked or its scope reduced across all countries where it has effect. It is a centralized, cost-effective alternative to attacking a patent country by country.

  • The three grounds are: the subject matter is not patentable (lack of novelty or inventive step), the patent does not disclose the invention clearly enough to be reproduced, and the patent's scope extends beyond the content of the original application. Most oppositions focus on novelty and inventive step arguments.

  • The EPO has been working to speed up opposition timelines. Standard cases now have an average processing time of around 15 to 19 months from the filing of the opposition to the first-instance decision. Appeals can add additional time, depending on the complexity and the Board of Appeal's schedule.

  • Oral proceedings are held before the Opposition Division or the Board of Appeal. Each party presents its arguments, and the panel can ask questions and raise issues. Final decisions are often made at or shortly after the hearing. Oral proceedings can take place in person or by video conference.

  • Yes. We regularly handle oppositions alongside related patent litigation in national courts or the Unified Patent Court. Coordinating the timing, arguments, and claim positions across these proceedings is essential to avoid conflicting outcomes and to use each forum to your advantage.

  • That depends on your goals and timeline. An EPO opposition offers a centralized result across all designated states and tends to be more cost-effective than multiple national invalidity actions. However, there are situations where national proceedings or a combination of both is the better approach. At IP Deal, we help you weigh the options.

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