Oppositions and Appeals

Expertise in opposition and appeal cases

At Berggren, we are frequently engaged by clients to file oppositions or defend their patents againts attacks by third parties. Our opposition practice covers all fields of technology, from biologicals to memory devices, polymers to digital broadcast systems, detergents to medical devices.

Our depth of technical knowledge, combined with our skills as professional representatives before the Opposition Divisions and Boards of Appeal at the EPO, ensures that our clients have the best possible opportunity to obtain their desired outcomes. In some instances, there will even be co-pending litigation in national European courts. Along with our experienced litigators, we are able to transfer technical arguments seamlessly between the EPO and the courts, and bring to bear a strategic oversight across all proceedings.

Berggren has a broad expertise and a highly tenured, dedicated team in handling opposition and appeal cases before the European Patent Office (EPO) and certain national patent offices (DE, FI, UK). We offer trusted expertise in both defending and opposing patents and trademarks, by employing comprehensive strategies tailored to the specific needs of each case.

Post grant procedures

Opposition to a European patent can be filed within nine months following the mention of grant of the patent in the European Patent Bulletin; it is a post-grant procedure. The opposition term is not extendable. Within the opposition period, both the notice of opposition detailing the substantive reasons for opposition must be filed and the opposition fee must be paid.

Opposition decision time-1

The life cycle of a patent does not end when it is granted. At Berggren, we understand that an intellectual assets are a strategic tool that can be leveraged to achieve significant business advantages. By overturning an existing patent, it is possible to get freedom to operate in your target market.

In today's fast-paced environment, also the opposition process at the EPO has become more streamlined and efficient. Therefore, it is crucial to start well in advance to ensure the best possible outcomes. Our team is here to guide you through every step, providing the expertise and strategic oversight needed to maximize the value of your intellectual property.

Oral proceedings in the oppositions, and extensively also in appeals, have now transitioned to being video conferences, offering significant cost efficiency. This allows both our team and our clients to participate from wherever they are, providing greater flexibility and convenience. Additionally, we have an office in Munich, ensuring that we are well-positioned to support our clients with any in-person requirements that may arise.

A trusted partner for your IP needs

We understand the challenges of managing European IP matters from abroad. Berggren offers responsive, local expertise to protect and enforce clients’ intellectual property rights.

Our services include:

Patent, trademark & design filings: Efficient and reliable management of European applications.
Oppositions & appeals: Expertise in the defense and opposition of patents and trademarks before the EPO and the EUIPO.
Litigation & enforcement: Professional handling of disputes and IP enforcement across Europe.
Strategic IP management: From prosecution to commercialization, we help optimize IP portfolios for your clients.