Commercially focussed strategies to help you navigate disputes at every stage An opposition is a means of challenging the validity of a European patent after grant. An EPO opposition is a centralised invalidity procedure, which is available for a finite period following grant. Unlike action before the Unified Patent Court (UPC) or in national Courts, a successful opposition can revoke or limit the patent across all 39 member states, securing freedom to operate across Europe. An opposition can be filed at any time within 9 months following the mention of grant of the patent in the European Patent Bulletin. Statistically, oppositions are very effective at limiting the protection of opposed patents – less than a third of opposed patents are maintained as granted. Exceptional track record in EPO patent oppositions No other IP firm has our depth of expertise over such a wide range of technologies Marks & Clerk have an enviable track record for both offensive and defensive oppositions. With opposition specialists across all technology sectors and a proven approach, it is unsurprising that technology companies trust their opposition practice to us. Our specialists have a wealth of experience of managing the unique EPO opposition and appeal procedure. We understand that commercial objectives for oppositions are as varied as the technologies and our approach focuses on achieving success based on our clients’ metrics. Our opposition specialists are particularly valued either leading or working with a wider contentious team – oppositions and appeals often form part of a wider strategy and our team has particular expertise in managing the EPO proceedings to achieve maximum benefit for the wider strategy.
