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ARTICLE · 18 FEBRUARY 2026

EPO Opposition vs Appeal

An EPO opposition is an administrative, first‑instance process in which the Opposition Division takes a fresh look at a granted patent...

United KingdomIntellectual Property

An EPO opposition is an administrative, first‑instance process in which the Opposition Division takes a fresh look at a granted patent, allowing broader fact‑finding and the introduction of new material at earlier stages. By contrast, an EPO appeal is a structured judicial review focused on whether the Opposition Division erred, with the Boards of Appeal applying much stricter rules on timing and admissibility and generally expecting parties to rely on the case already presented in opposition.

An EPO opposition and an EPO appeal are distinct procedures, each with its own character, timetable, evidential rules, and decision-making body.

An opposition is a first‑instance, administrative procedure in which the validity of a granted European patent is re‑examined. It is handled by an Opposition Division (OD), typically composed of three technically qualified examiners, at least two of whom must not have taken part in the proceedings for grant of the patent in

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