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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
Richard has 20 years of experience in the full range of patent services, including drafting, prosecution, opposition and opinion work.
Richard Cooke
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
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
A qualified European and UK Patent Attorney since 2002, Oliver has experience in providing a broad range of IP support.
Rob O'Callaghan
Recommended in the Legal 500, Rob is known for his "wonderful advice and understanding".
Alison Daniels
Alison's work relates to a wide range of chemistry inventions including inks, medical devices and materials.
Ellie Seymour
Ellie joined E+F in 2013 and has experience in a variety of patent work including prosecution, drafting and oppositions.
Richard Scott
Richard's practice spans the full patent lifecycle, from patent drafting and prosecution to freedom-to-practice and EPO opposition work. 
our patent sectors
Whilst our work spans a wide range of subject areas, the majority falls within the following sectors: