Opposition Procedure Before The European Patent Office - Parallel National Proceedings

Parallel National Proceedings

The "possibility of parallel validity proceedings in national courts and in the EPO is inherent in the legal arrangements in the EPC under which the EPO was established". If a third party files an opposition to a European patent with the EPO and also, in parallel, initiates a revocation action (also called "nullity action" or "validity proceedings") against the same patent before a national court, the national court (at least in England) may exercise its discretion to either

  • stay the national proceedings, in order to wait the outcome of the EPO opposition proceedings, or
  • allow the revocation proceedings to go ahead, without waiting the outcome of the EPO proceedings.

The rules and practice differ from country to country in that respect. "For example, as of 2008, Belgium and France will stay the main proceeding until a final decision has been reached by the EPO whereas in Germany, Italy, the Netherlands and in the United Kingdom such a stay is not automatic and in most cases the courts will continue the proceedings notwithstanding the opposition. ... However, in Germany national nullity proceedings cannot be started before the Federal Patent Court until the EPO opposition proceedings have been concluded or the opposition period has expired."

Read more about this topic:  Opposition Procedure Before The European Patent Office

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