UPC revocation proceedings have been compared to the EPO opposition proceedings for some time and some commentators have questioned if UPC revocation proceedings are likely to replace EPO opposition proceedings. It is certainly the case that for parties that have not started an EPO opposition within the opposition period, the ability to attack a European patent in a single revocation action will come as a welcome addition to the weapons at their disposal for dealing with an IP dispute. This video also covers:
- Revocation at EPO opposition has effect in all 38 of the EPC member states, whereas UPC revocation can have effect in at most the 25 UPC signatory states
- It seems unlikely that UPC revocation will completely displace EPO opposition!
- EPO opposition proceedings can only deal with the validity of the patent, so that opponents cannot be dragged into infringement proceedings by way of counterclaim
You can learn more in our series of short UPC and UP videos here
To speak directly to a member of our UPC team please email upc@marks-clerk.com
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.