Patent Oppositions & Appeals

Our attorneys have a huge amount of experience in defending our clients’ patents and challenging those of their competitors. An important part of practising before the European Patent Office, this is a highly specialised area requiring very different skills to routine prosecution practice. It’s a specialism where our teams have developed a formidable reputation over the years.

We have helped with everything from defending a single but very important patent for a small client through to managing large portfolios of oppositions. Whatever the patent under scrutiny, our focus is always on delivering advice that takes account of our client’s commercial goals and arriving at a solution that allows them to compete successfully in their chosen field. Our opposition practice includes advising on post-grant matters, such as the Central Limitation procedure at the European Patent Office.

The appeals process is similar to the opposition procedure but has its own challenges and requires the skills and expertise to match. Many appeals arise from decisions of the Opposition Divisions, but a significant proportion are the result of decisions made by European examiners during prosecution of a patent application. In fact, we are often brought in at this stage of the prosecution, either to assist the original attorneys or to handle the appeal alone.

If you would like to know more about our experience in this area or discuss a specific case, please start by contacting your usual Kilburn & Strode advisor or a member of our patent oppositions team.

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