The UK Intellectual Property Office's official opinion
service on infringement and validity can be a useful tool for
parties seeking to file oppositions at the European Patent Office,
as Anthony Carlick of Dennemeyer & Associates reports.
About 4% of European patents are opposed and, although the
percentage has been declining, the annual number of oppositions
filed at the European Patent Office (EPO) seems relatively
consistent at around 3,000 to 4,000, since total granted patents
are rising. In 2017, 3.7% of granted European patents were opposed,
and the EPO issued 4,070 opposition decisions, of which 73% were
upheld in amended form or as granted. However, EPO oppositions tend
to be costly and time consuming. Currently, the EPO is aiming to
reduce the average processing time of standard oppositions from two
years, in 2016, to 15 months by 2020, but the timescales,
uncertainty and cost may be a deterrent to filing an opposition at
the EPO, especially for smaller or
