EPO successful in cutting opposition times: Mewburn Ellis

The  European Patent Office (EPO) has made strides in streamlining its opposition procedures, new data from  Mewburn Ellis has shown.

According to the new report, published November 14, the EPO is on track to meet its target timeframe for patent oppositions of 15 months by 2020.

The EPO introduced its streamlining initiative in July 2016, aimed at reducing the amount of time it takes to conclude European patent opposition proceedings.

The Mewburn Ellis report examines more than 5,000 opposition proceedings at the EPO over the last ten years.

According to the data, the average time it takes the EPO to issue a decision after the filing of an opposition was 17.1 months in 2018, a decrease of 5 months since 2015.

The result of these streamlining measures is that extensions of the deadline to respond to an opposition are much more difficult to secure.

The data revealed that only 34% requests for an extension of the four-month time limit for responding to an opposition are granted, compared to 96% before the EPO launched its streamlining initiative.

Emily Hayes, partner at Mewburn Ellis and co-author of the report, said: “We knew extensions of time for the patentee’s response had become much less common following the introduction of the EPO’s streamlining initiative, but wanted to explore whether this was because the EPO was much less willing to allow these requests or because patentees feel it’s no longer worth asking.”

“Our analysis showed that it’s both,” Hayes said.

“Not only is the EPO much less likely to allow requests for an extension of time by the patentee, especially for single opponent cases, but patentees are also much less likely to request an extension of time,” she added.

Katherine Green, partner at Mewburn Ellis, said the new data offered a “forensic understanding of the EPO opposition and the nuances that comprise it”.

“Achieving success in oppositions and appeals at the EPO is critical for any innovation-oriented business seeking commercial advantage and growth,” Green added.

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