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ARTICLE · 10 APRIL 2025

The UPC And EPO Divide: Understanding Conflicting Revocation Proceeding Outcomes

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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With nearly 800 cases adjudicated or pending thus far at the Unified Patent Court (UPC), a possible procedural gap has appeared in the European patent system...

GlobalIntellectual Property
Michael Van Loy, PhD
Michael Van Loy, PhD
Sophia Petrichenko
Sophia Petrichenko
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With nearly 800 cases adjudicated or pending thus far at the Unified Patent Court (UPC), a possible procedural gap has appeared in the European patent system: no clear legal mechanism currently exists to resolve conflicting outcomes between opposition proceedings before the European Patent Office (EPO) and revocation actions adjudicated by the UPC. Unlike certain national patent court systems, such as Germany, where courts can stay infringement or revocation proceedings pending the outcome of an EPO opposition, the UPC does not mandate this approach, but instead only provides for a stay if a final decision in an opposition is expected "rapidly". This creates the possibility of conflicting decisions on claim scope for the same patent.

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