THE EUROPEAN PATENT OFFICE (EPO) WILL ACCELERATE OPPOSITION PROCEEDINGS IN CASES OF PARALLEL INFRINGEMENT OR REVOCATION PROCEEDINGS.
According to a Notice from the European Patent Office (EPO) dated 7 November 2023, the EPO will accelerate opposition proceedings in cases where an infringement action in respect of a European patent with unitary effect ("Unitary Patent") take place before the Unified Patent Court or a European patent before a national court of a contracting state. This accelerated processing may be requested by a party to the opposition proceedings.
The EPO will also accelerate the processing of the opposition if it is informed by the Unified Patent Court (UPC) or by a national court or competent authority of a contracting state that infringement actions are pending. 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. 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.