Filing An Opposition As A Straw Man: The Pros And Cons

European patents can be opposed by 'any person' within nine months of the publication of the mention of the grant of the European patent in the European Patent Bulletin. The phrase 'any person' includes anyone other than the patent proprietor themselves (G 3/93, G 3/97). Even a person listed as an inventor on a particular patent can oppose that patent (T 3/06).

In a recent appeal at the European Patent Office (EPO) (T 1839/18), the patent proprietor argued that the opponent did not have a legitimate interest in the outcome of the opposition and, therefore, the opposition should be found inadmissible. However, the EPO reaffirmed the principle of 'any person' oppositions, stating in the decision, among other things, that any person who starts opposition proceedings provides three main contributions to society at large: