The European Patent Office (EPO) announced on 7 November 2023 a new policy concerning accelerated processing of oppositions where an infringement or revocation action has been instituted before the Unified Patent Court or a national court or competent authority of a contracting state. This is a change to the current procedure under which the EPO accelerated proceedings for infringement actions, but not revocation actions.
The EPO states that concluding parallel opposition proceedings swiftly will foster legal certainty and procedural efficiency, as well as high quality and uniformity in the European patent system. This is in the interest of parties to the proceedings, the authorities and courts involved, as well as the public.
The EPO has announced that it will therefore accelerate its processing of parallel opposition proceedings if it is informed by the Unified Patent Court or a national court or competent authority of a contracting state that an infringement or revocation action relating to a European patent or a Unitary Patent has been instituted before it. In the absence of such information, a party to the parallel opposition proceedings may request accelerated processing at any time.
Where parallel opposition proceedings are accelerated, the opposition division will make every effort to issue the next procedural action (e.g. communication, summons to oral proceedings) within three months of receipt of such information or the party’s request. If the information or request is received before the patent proprietor’s response to the notice of opposition, the opposition division will make every effort to issue the next procedural action within three months of receipt of the latter. If applicable, oral proceedings will be (re)scheduled to take place at the earliest possible date. Requests from the parties to extend time limits over and above the normal period or to postpone oral proceedings will only be granted in exceptional, duly substantiated cases.
Our attorneys have extensive experience in representing clients in opposition, revocation and infringement proceedings. Feel free to contact us if you have any questions.
