Oppositions against European Patents: Three Successful Examples of Oppositions Lodged by Indian Opponents

Abstract

<span style="mso-ansi-language:EN-US" lang="EN-US">Third parties interested in challenging the validity of European patents can do so in opposition proceedings before the European Patent Office (EPO). Opposition proceedings before the EPO are less cost-intensive than national nullity actions against national parts of European patents. Opponents are not always successful, but there are typically good chances to have a weak patent revoked. Three examples of successful opposition proceedings are discussed in this paper. The examples refer to pharmaceutical patents in which Indian companies were involved as opponents. As seen in these case studies, there are various objections which might be raised against the validity of a European patent, all of which could ultimately lead to the revocation of the protective right under attack. European opposition procedures can therefore be a powerful tool to eliminate unjustified patent protection and to clear the way for business in Europe.

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