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Within two months of the Opposition written decision, any party adversely affected can file an Appeal. Annual statistics consistently show that there is greater than 50% chance of altering the Opposition result. Quite simply, if you did not get the result you needed first time round, you need to appeal.

While the Appeal is often seen as the final say at the EPO, a “Petition for Review” can also be filed by any party adversely affected by a decision of the EPO Board of Appeal if there were for example procedural violations. If successful, the “Enlarged Board of Appeal” sets aside the adverse decision and re-opens proceedings before the Board of Appeal.

Questions of law can also be referred to the EPO Enlarged Board of Appeal at any stage.

We are specialists in all aspects and at all levels of Oppositions and Appeals. We are experts on the European Patent Convention (EPC) and Rules of Procedure. We also make use of EPO statistics to help optimise predictability and chances of success for every case. Our advocates at EPO oral hearings are second to none.