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ARTICLE · 15 MAY 2024

How Does UPC Litigation Compare To EPO Opposition Proceedings?

Here's a high-level reference guide to EPO opposition and UPC revocation proceedings. Separated into three sections, open up each question to learn the key features of each procedure...

United KingdomIntellectual Property

Here's a high-level reference guide to EPO opposition and UPC revocation proceedings. Separated into three sections, open up each question to learn the key features of each procedure, which gives you a side-by-side comparison of the EPO and UPC proceedings.

Bringing an action

Against which European patents can an action be brought?

EPO opposition

All European patents.

UPC revocation

European patents which have been validated as:

(i) Unitary Patents; or

(ii) Individually in UPC participating states and have not been opted-out of the UPC.

In which countries will the decision have effect?

EPO opposition

All countries for which the European patent was granted.

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