EPO Oppositions and Appeals
Peter is highly experienced at EPO opposition and appeal proceedings, having been lead attorney in a large number of cases over the past fifteen years. Peter has frequently represented his clients in person at the European Patent Office in Munich and the Hague, and in recent years he has handled numerous oral proceedings by video conference from Quayside IP’s dedicated videoconferencing facility.
Peter has successfully defended patents from attack by multiple opponents, and has collaborated with co-opponents as well as operating as sole opponent on many occasions. Peter has faced a myriad of situations with every case bringing unique challenges, for example: cases involving prior use and the hearing of expert witnesses; working in different languages and with live translation; cases involving parallel national infringement proceedings and interventions during EPO appeals; successfully achieving awards of costs; and achieving revocation of a mechanical patent by the Boards of Appeal based on the ground of insufficiency.
Peter regularly works on appeal cases and has a deep understanding of the Rules of Procedure of the Boards of Appeal and evolving case law. He ensures that his cases and request strategies are optimised for appeal proceedings from the outset of the opposition procedure.
Peter has a proven record of success, which is presented below in comparison to the EPO’s average outcomes based upon published statistics.
Opponent in Opposition
When representing the opponent in opposition proceedings before the EPO Opposition Division, 35% of patents have been revoked, 51% have been maintained in amended form, and 14% maintained as granted. This compares favourably with the EPO’s averages in Mechanical Engineering, which are 28% revoked, 37% maintained in amended form, and 35% maintained as granted*.
*EPO averages are taken from EPO Statistics 2020, CA/F 5/21
Proprietor in Opposition
When representing the patent proprietor in opposition proceedings before the EPO Opposition Division, 0% of patents have been revoked, 67% have been maintained in amended form, and 33% maintained as granted. This compares favourably with the EPO’s averages in Mechanical Engineering, which are 28% revoked, 37% maintained in amended form, and 35% maintained as granted*.
*EPO averages are taken from EPO Statistics 2020, CA/F 5/21
Opponent-Appellant in Appeal
When representing the opponent in appeal proceedings before the EPO Boards of Appeal, 82% of patents have been revoked, 14% have been maintained in amended form, and 4% maintained as granted. This compares favourably with the EPO’s averages, which are 50% revoked, 41% maintained in amended form, and 9% maintained as granted*.
*EPO averages are based on 2021 data taken from the Annual report of the Boards of Appeal 2021
Proprietor-Appellant in Appeal
When representing the patent proprietor in opposition-appeal proceedings before the EPO Boards of Appeal, 20% of patents have been revoked, 40% have been maintained in amended form, and 40% maintained as granted. This compares favourably with the EPO’s averages, which are 50% revoked, 41% maintained in amended form, and 9% maintained as granted*.
*EPO averages are based on 2021 data taken from the Annual report of the Boards of Appeal 2021