5. Accelerated processing of oppositions 

In cases where an infringement or revocation action in respectWhere an action for infringement or revocation of a European patent is pending before the Unified Patent Court, the national court or the competent authority of a contracting state, a party to the opposition proceedings may request accelerated processing. The request may be filed at any time. It must be filed in written reasoned form. In addition, the EPO will also accelerate the processing of the opposition if it is informed by the Unified Patent Court, the national court or the competent authority of a contracting state that infringement or revocation actions are pending (OJ EPO 2023, A99).

The specific acceleration measures adopted depend on when the EPO is notified of parallel court proceedings:

(i)If the EPO is notified during the opposition period: after the period expires, the proprietor will be invited to comment on the opposition within three months; the summons will be issued within two months of receipt of the proprietor's reply, with the parties being summoned at minimum notice (Rule 115 (1)).

(ii)If the EPO is notified after expiry of the opposition period but before the proprietor's reply to the opposition: the summons to oral proceedings will be issued within two months of receipt of the proprietor's reply. The parties will be summoned at minimum notice (Rule 115 (1)).

(iii)After the proprietor has replied but before the summons has been issued: the summons to oral proceedings will be issued within two months of receipt of the information on parallel proceedings. The parties will be summoned at minimum notice (Rule 115 (1)).

(iv)After the summons has been sent: oral proceedings are rescheduled for the earliest possible date (provided that the time saving is significant). 

(v)After the decision has been pronounced: the decision and the minutes will be issued within one month.