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Even if the nine month Opposition deadline is missed, there are ways to still join ongoing Opposition or Appeal proceedings. Within three months of infringement proceedings being instituted against you or you instituting proceedings for a ruling of non-infringement for the same patent, an Intervention can be filed. As an Intervenor you then become part of the Opposition or Appeal and can even introduce new arguments and evidence into the proceedings.

We are well versed in the interplay of Oppositions and litigation and how best to take advantage of EPO proceedings in national disputes.