With the official start of next spring on the first of March
2023, the sun will rise at last over the frozen landscapes of the
UPC member states. The UPC agreement itself will subsequently come
into force on the first of June 2023.
With it, there will be significant changes to the way that the
validity of a European patent can be challenged, which will be the
topic of this podcast.
My name is Johannes Möller.
And I'm Marius Fischer. We are both patent attorneys at
BARDEHLE PAGENBERG.
Marius, which options do I currently have to challenge the
validity of a European patent?
At the moment there are two options: You can either file an
opposition at the European patent office during a non-extendable
period of nine months after grant, or you can file a national
nullity complaint after expiry of that period if there are no
opposition proceedings pending.
