A Second Bite At The Apple: Intervention During Opposition At The EPO

During opposition before the European Patent Office (EPO), the ability of an alleged infringer to intervene in pending proceedings presents the opposing parties with the opportunity to file new evidence that might otherwise have been disregarded if it had been late filed by the original parties. Furthermore, recent case T 1665/16 demonstrates that an intervention filed during appeal proceedings could result in remittal of any new evidence to the opposition division, potentially lengthening the proceedings by many years. We take a look below at the tactical considerations that a patent proprietor may need to make when choosing to litigate under an opposed patent.

Opposition Procedure