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Patents

Patent Opposition

Within our practice, we have carved out a niche expertise in EPO opposition and appeal work.  A handful of our partners are “familiar faces” on the EPO opposition circuit.  

Considering the number of oppositions filed at the EPO each year and the number of European patent attorneys, a patent attorney might average one case every year or two.  In contrast, our oppositions team handle dozens of cases per year.  We have therefore developed detailed knowledge of the law and procedure applied by the opposition divisions and boards of appeal.  In fact, we have acted numerous times in front of the enlarged board of appeal.  Most attorneys would not appear before the enlarged board over their whole career.  

“I find Mr Cooke's evidence on this more persuasive

Arnold J in Actavis Pharmacia (2014) EWHC 2265 (Pat), (para 16) 

Whether you need to defend an opposition, or oppose a patent, we can provide the expertise you require.

The key to success in opposition is understanding exactly how the EPO applies the problem-solution approach to the analysis of inventive step.  And whether we are acting for the patentee or the opponent, we use that knowledge and experience to tip the case in your favour.  This may involve commissioning experiments, talking to experts (in-house or external), searching, or simply presenting the existing facts in the appropriate manner.

Meet the team
Richard Gillard
Partner
Richard has 20 years of experience in the full range of patent services, including drafting, prosecution, opposition and opinion work.
Richard Cooke
Partner
Richard joined E + F in October 2005 and qualified as a Chartered Patent Attorney in 2008 and a European Patent Attorney in 2010.
James Anderson
Partner
James has experience across all aspects of patent practice. A large proportion of his time is spent working on high value European patents.
Oliver Kingsbury
Partner
A qualified European and UK Patent Attorney since 2002, Oliver has experience in providing a broad range of IP support.
Samantha Busher
Partner
Samantha handles a full range of patent work, ranging from prosecuting applications, handling opposition and appeal work.
Glyn Truscott
Partner
Glyn's practice spans a wide range of biotechnology subject-matter, from combination immunotherapies to PCR-based diagnostic assays.
Erik Scheuermann
Partner
Erik has been practising intellectual property since 2003. Before joining the profession he studied Chemistry in Germany, France and the UK.
Rob O'Callaghan
Partner
Recommended in the Legal 500, Rob is known for his "wonderful advice and understanding".
Lee Mullen
Counsel
Lee prosecutes patent applications for a wide range of clients before the EPO and UK Patent Office, handling a diverse range of subject-matter.
Jens Grabenstein
Partner
Jens is passionate about helping biotechnology companies build strong patent portfolios.
Ellie Seymour
Partner
Ellie joined E+F in 2013 and has experience in a variety of patent work including prosecution, drafting and oppositions.
Richard Scott
Partner
Richard's practice spans the full patent lifecycle, from patent drafting and prosecution to freedom-to-practice and EPO opposition work. 
Andy Nicoll
Partner
Andy specialises in pharmaceuticals and nutrition. He has experience prosecuting patent applications in many major jurisdictions.
Paul Brookes
Partner
Paul enjoys working on a broad range of chemical subject-matter. Specialising in synthetic chemistry and pharmaceuticals.
Laura Garlick
Associate
Laura is a UK and European patent attorney in our electronics and mechanical group.
Henrietta Rooney
Associate
Henrietta specialises in the life sciences, with particular expertise in biotherapeutics. Henrietta joined Elkington and Fife in 2016.
Alison Daniels
Associate
Alison's work relates to a wide range of chemistry inventions including inks, medical devices and materials.
Sally Kennedy
Associate
Sally specialises in the chemical field, with a particular focus on pharmaceuticals.
Lewis Smith
Associate
Lewis studied MSci Chemistry with industrial experience at the University of Bristol (first class honours, 2017).
Leanne Anderson
Associate
Leanne specialises in the chemical field, with a particular focus on pharmaceutical patent applications.
Asher Winter
Associate
Asher qualified as a European and UK patent attorney in 2025, having joined Elkington + Fife in 2021.
our patent sectors
Whilst our work spans a wide range of subject areas, the majority falls within the following sectors: