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ARTICLE · 23 JUNE 2023

EPO Oppositions: Top Tips For Success

Potter Clarkson LLP
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A European Patent Office (EPO) Patent opposition is the legal process that allows anyone to challenge the validity of a EPO patent in all the territories where it is in force in a single action...

European UnionIntellectual Property
Simon Curtis
Simon Curtis
Mark Didmon
Mark Didmon
Peter Finnie
Peter Finnie
Benjamin Hoffmann
Benjamin Hoffmann
Caroline Marshall
Caroline Marshall
Rob Pugh
Rob Pugh
Tony Proctor
Tony Proctor
Philip Thomas
Philip Thomas
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A European Patent Office (EPO) Patent opposition is the legal process that allows anyone to challenge the validity of a EPO patent in all the territories where it is in force in a single action by filing an opposition against its grant on the basis of novelty, inventive step, industrial applicability, insufficiency and/or added matter.

The benefit of a successful opposition is simple. It could result in the complete revocation (cancellation) or limitation of a competitor patent in every state or territory covered by the patent, protecting your freedom to operate. It is therefore a cost-effective way to address infringement risk simultaneously in several markets. These benefits need to be balanced against the disadvantages of choosing to file an EPO opposition over national litigation and/or a UPC revocation action.

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