Article 99

EUROPEAN PATENT OFFICE

Information from the EPO

Notice from the European Patent Office dated 7 November 2023 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 state¹

1. Infringement or revocation proceedings relating to a European patent or a European patent with unitary effect ("Unitary Patent") may take place before the Unified Patent Court or a national court or competent authority of a contracting state in parallel to opposition proceedings before the EPO ("parallel opposition proceedings"). In such cases, concluding the EPO parallel opposition proceedings swiftly fosters 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.

2. The EPO 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.

3. 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.