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