Patents
Patent Opposition
Within our practice, we have carved out a niche expertise in EPO opposition and appeal work. A handful of our partners are “familiar faces” on the EPO opposition circuit.
Considering the number of oppositions filed at the EPO each year and the number of European patent attorneys, a patent attorney might average one case every year or two. In contrast, our oppositions team handle dozens of cases per year. We have therefore developed detailed knowledge of the law and procedure applied by the opposition divisions and boards of appeal. In fact, we have acted numerous times in front of the enlarged board of appeal. Most attorneys would not appear before the enlarged board over their whole career.
“I find Mr Cooke's evidence on this more persuasive”
Whether you need to defend an opposition, or oppose a patent, we can provide the expertise you require.
The key to success in opposition is understanding exactly how the EPO applies the problem-solution approach to the analysis of inventive step. And whether we are acting for the patentee or the opponent, we use that knowledge and experience to tip the case in your favour. This may involve commissioning experiments, talking to experts (in-house or external), searching, or simply presenting the existing facts in the appropriate manner.