Clear the patent in your way, or defend the one that protects you.
Opposition is the fastest and most cost-effective way to remove or narrow a patent that stands in your way, and the moment a patentee must be ready to defend its claims. We prepare notices and statements, build the evidence, answer every reply and argue the case at hearing, for opponents and patentees in every major office.
- Pre-grant and post-grant oppositions at the EPO, IP India, JPO, KIPO, IP Australia and more
- Evidence, expert declarations and hearings handled end to end
- Parallel proceedings coordinated across offices and courts, under one strategy
Discuss your opposition
Share the patent and your deadline. An attorney replies within one business day with an assessment and fees.
The patent office's second look, on your evidence.
An opposition asks the patent office to refuse, revoke or narrow a patent, usually because earlier prior art shows the invention is not new or not inventive, or because the patent does not disclose the invention sufficiently. Depending on the office, it can be filed before grant, after grant, or both.
For an opponent, it is a way to clear a blocking patent in an administrative forum, at a fraction of the cost and time of court litigation. For a patentee, it is the moment the claims are tested in earnest, and how they are defended will shape their value in every licence, sale and lawsuit that follows.
At a glance
- Filed by
- Competitors, licensees or any third party
- Defended by
- The patentee, often with amended claims
- Common grounds
- Novelty, inventive step, sufficiency, added matter
- Timing
- Fixed windows, from pre-grant to 12 months after grant
- Outcome
- Patent maintained, amended or revoked
- Compared with court
- Faster, lower cost, technical tribunal
Every stage of the proceeding, handled by one team.
From the first assessment to the final hearing, our patent attorneys and technical specialists work as one team, for opponents and patentees alike.
Notice filing and opposition drafting
A notice that frames the whole case. We select the strongest grounds, fix the claim construction early and draft a statement of case an examiner or opposition division can follow from the first page.
- Grounds chosen per office: novelty, inventive step, sufficiency, added matter, eligibility
- Claim-by-claim attack charts with ranked prior art
- Problem-solution and obviousness arguments built per claim
- Pre-grant representations and post-grant notices
- Straw man and nominee filing where permitted
- Strict compliance with form, fee, language and filing rules
Evidence preparation
Oppositions are won on evidence. We find it, prove its date and present it so the tribunal can rely on it without question.
- Worldwide patent and non-patent prior art searches
- Proof of public availability, prior use and publication dates
- Expert declarations and affidavits from technical specialists
- Comparative test data and experimental evidence, where needed
- Certified translations of foreign-language art
- Archived web, product and trade show evidence
Replies, rejoinders and sur-rejoinders
Every round of pleadings is a chance to narrow the issues in your favour. We answer each point, close gaps and keep the record consistent.
- Reply statements and reply evidence for opponents
- Counter-statements and amended claim requests for patentees
- Rejoinders and sur-rejoinders that rebut new arguments
- Auxiliary requests prepared as fallback positions
- Responses to preliminary opinions and summons
- Late-filed evidence and admissibility arguments
Hearing representation
Clear, prepared advocacy before opposition divisions, controllers and boards, with written submissions that leave nothing to chance.
- Hearing strategy and written submissions
- Oral argument before the opposition board or division
- Witness and expert preparation, including hearing of witnesses
- Real-time handling of new requests at the hearing
- Post-hearing written submissions where allowed
- Decision review and appeal assessment
Foreign opposition coordination
One strategy across every office where the patent family is granted, so positions taken in one forum do not undermine another.
- Parallel oppositions at the EPO, JPO, KIPO, IP Australia and IP India
- Invalidation, PGR and IPR coordinated with local counsel
- Consistent claim construction across the family
- Shared evidence and expert pool across proceedings
- Monitoring of decisions in one office for use in another
- One point of contact and one consolidated report
Opposition vs revocation strategy
Opposition is not always the right tool. We weigh cost, timing, standard of proof and estoppel to choose the route that best serves your commercial goal.
- Opposition, revocation, invalidation or re-examination compared
- Timing against launch plans and litigation
- Risk of estoppel and impact on later court action
- Interplay with infringement proceedings and injunctions
- Settlement and licensing leverage assessed
- Budget and duration forecast for each route
Every ground that can bring a patent down.
The available grounds differ by office. We identify every ground that applies to the patent in question and lead with the strongest.
Lack of novelty
A single earlier document, use or disclosure that shows every feature of the claim.
Lack of inventive step
The claim would have been obvious to a skilled person in light of the prior art, alone or in combination.
Insufficient disclosure
The patent does not teach a skilled person how to carry out the invention across the full scope claimed.
Added matter
The granted claims or description contain subject matter that was not in the application as filed.
Excluded subject matter
Claims directed to subject matter that the law excludes, such as abstract ideas, methods of treatment or mere discoveries.
Prior public use and knowledge
The invention was used, sold or known publicly before the priority date, proven by documents and witnesses.
Entitlement and wrongful obtaining
The patentee was not entitled to the invention, or obtained it from the opponent or another person.
Local statutory grounds
Office-specific grounds, such as non-disclosure of foreign filings or efficacy requirements for known substances in India.
Inadmissible amendments
Amendments during opposition that add matter, extend protection or lack clarity, challenged as they are filed.
Challenging a patent or defending one.
We act for opponents and patentees, so we know how each side builds its case, and where it is weakest.
Challenging a patent
Remove or narrow the patent blocking your way.
- Watch competitor grants so no window is missed
- Assess prospects and cost before you commit
- Choose the office, the grounds and the timing
- File through a nominee to keep your identity confidential, where allowed
- Search for the decisive prior art and prove its date
- Build attack charts and obviousness arguments
- Engage experts and run comparative tests
- Answer the patentee's amendments and auxiliary requests
- Argue the case at hearing and on appeal
- Use the result in licensing, litigation or launch decisions
Defending your patent
Keep claims that still cover what matters commercially.
- Assess the notice and the real strength of each ground
- Map the claims to your products and licences
- Prepare amendments that keep commercial scope
- Build a clear hierarchy of auxiliary requests
- Answer prior art with technical effect and evidence
- Engage experts and run experiments where useful
- Challenge late-filed or weak evidence
- Keep positions consistent with litigation and other offices
- Argue the case at hearing and on appeal
- Plan divisionals and continuations as a safety net
Every major office, one coordinated strategy.
Each office has its own procedure, deadline and standard of proof. We act directly or with trusted local counsel, and keep every proceeding in the family aligned.
- Proceeding
- Post-grant opposition
- When to file
- 9 months from the mention of grant
- Proceeding
- Pre-grant and post-grant opposition
- When to file
- Pre-grant until grant; post-grant within 12 months of grant publication
- Proceeding
- Post-grant opposition
- When to file
- 6 months from publication of the patent gazette
- Proceeding
- Patent cancellation request
- When to file
- 6 months from publication of registration
- Proceeding
- Pre-grant opposition
- When to file
- 3 months from advertisement of acceptance
- Proceeding
- Pre-grant opposition
- When to file
- 3 months from advertisement of acceptance
- Proceeding
- Post-grant review and inter partes review
- When to file
- PGR within 9 months of grant; IPR after that
- Proceeding
- Invalidation request
- When to file
- Any time after grant
- Proceeding
- Revocation and examiner opinions
- When to file
- Any time after grant
- Proceeding
- Administrative nullity
- When to file
- Within 6 months of grant
- Proceeding
- Re-examination
- When to file
- Any time after grant
- Proceeding
- Re-examination and revocation
- When to file
- Any time after grant
The proof behind every argument.
Arguments only persuade when the evidence behind them is dated, complete and credible. We build the evidence base as carefully as the arguments.
Patent and literature prior art
Worldwide patents, journal papers, theses, standards and conference proceedings, with publication dates verified.
Prior public use
Products sold, shown or used before the priority date, proven with invoices, catalogues, photographs and witnesses.
Expert declarations
Independent experts explaining the common general knowledge and why the claimed solution was obvious, or not.
Experimental evidence
Comparative tests and reproductions that prove or disprove technical effects relied on by the patentee.
Archived web and product evidence
Archived pages, manuals, app versions and videos, captured with dates and preserved for verification.
Translations and certified copies
Certified translations and official copies prepared to meet each office's formal requirements.
Opposition or revocation? The answer depends on your goal.
The best forum is the one that delivers your commercial outcome at the right time and cost. We set out the options before you commit.
When opposition is the better tool
A technical tribunal, a lower cost, one central attack.
- The opposition window is still open
- You want to attack a European patent centrally, in every country at once
- Technical prior art is your strongest argument
- You want a lower-cost route than court action
- You want a result before launch or litigation
- You prefer to stay out of court for now
- You want to keep your identity confidential through a nominee
- You need the patent narrowed, not only revoked
When revocation or invalidation fits better
Wider evidence, binding effect, no fixed window.
- The opposition window has closed
- You are already in, or expect, an infringement suit
- You need cross-examination or disclosure of documents
- You want the decision tied to the infringement case
- The patent is national only, with no opposition procedure
- Settlement leverage matters more than speed
- Prior use evidence depends on witness testimony
- You need a declaration of non-infringement as well
From the first assessment to the final decision.
A disciplined process keeps every deadline met and every argument consistent from notice to hearing, and into appeal if needed.
- 01
Watch and assess
Grant dates tracked; claims, file history and prospects reviewed.
- 02
Grounds and evidence
Prior art searched, dates proven and experts engaged.
- 03
Notice and statement
Filed on time, with claim charts and evidence attached.
- 04
Exchange of pleadings
Replies, rejoinders and sur-rejoinders, with auxiliary requests.
- 05
Hearing
Written submissions and oral argument before the tribunal.
- 06
Decision and appeal
Decision reviewed, with appeal or settlement options set out.
Most opposition windows cannot be extended, and once they close the only routes left are slower and costlier. We watch grant dates for the patents that matter to you, so you never miss the window.
Check your deadlineFrom a single notice to a global campaign.
Choose the engagement that fits your situation. Each can be scaled up as the matter develops.
Opposition watch
Competitor patents tracked from publication to grant, so you never miss an opposition window and can plan budgets ahead.
- Grant alerts for chosen competitors and technologies
- Early prospects review on each relevant grant
- Docketing of every opposition deadline
- Third-party observations before grant where useful
- Budget planning for likely oppositions
- Quarterly watch reports
Single opposition
One patent challenged in one office, from first assessment to final decision.
- Prospects and cost estimate up front
- Grounds, prior art and evidence plan
- Notice and statement of case
- Replies, rejoinders and sur-rejoinders
- Hearing preparation and representation
- Fixed-fee options by stage
Defence of an opposed patent
Your patent defended to keep claims that still cover what matters commercially.
- Assessment of each ground and the evidence
- Counter-statement and claim amendments
- Main and auxiliary request strategy
- Expert and experimental evidence
- Hearing preparation and representation
- Divisional and continuation safety nets
Multi-office campaign
A patent family challenged or defended across several offices at once, under one strategy.
- One strategy and shared evidence pool
- Local counsel selected and coordinated
- Consistent claim construction everywhere
- Decisions in one office used in another
- Consolidated budget and reporting
- Coordination with litigation where relevant
Appeals
Decisions taken further when the first result is wrong, or defended when the other side appeals.
- Decision review and prospects on appeal
- Grounds of appeal and statements
- Replies to the other side's appeal
- New requests and evidence where admissible
- Oral proceedings preparation
- EPO Boards of Appeal and national equivalents
Prospects review
An independent, fast view of whether to oppose, defend or settle.
- Strength of each available ground
- Best prior art identified
- Comparison with revocation and other routes
- Cost and timeline estimate
- Commercial impact of each outcome
- Recommendation within days
Technical depth in the fields shaping what comes next.
Our attorneys and technical specialists work in the technologies where filing activity is growing fastest, so technical grounds are argued by people who understand the science.
Artificial intelligence & ML
Models, training methods and AI applicationsSemiconductors
Chip design, fabrication and packagingTelecom, 5G & IoT
Wireless standards, networks and connected devicesElectric vehicles & mobility
Batteries, charging and drive systemsClean energy & climate tech
Solar, storage, hydrogen and carbon captureRobotics & automation
Industrial robots, control and machine visionMedical devices & digital health
Devices, diagnostics and health softwareBiotechnology & genomics
Biologics, gene editing and sequencingPharmaceuticals
Formulations, processes and new usesFintech & digital payments
Payments, security and financial platformsConsumer electronics & wearables
Devices, sensors and user interfacesAdvanced materials & chemistry
Materials, polymers and chemical processesContentious experience with technical depth.
Global companies and law firms rely on us when a single patent can decide a product line, a licensing programme or a deal.
Contentious patent attorneys
Practitioners who draft, argue and defend oppositions as a core practice, not an occasional one.
Technical specialists in every field
Engineers and scientists who understand the art as well as the opposing experts do.
Search that finds the decisive art
In-house searchers who look beyond patents to papers, standards, products and archives.
Global coordination
Parallel proceedings managed under one strategy, with consistent positions across offices and courts.
Both sides of the table
Experience for opponents and patentees, so we anticipate the other side's moves.
Deadline discipline
Every window docketed on grant, with internal deadlines well ahead of the official ones.
Commercially focused advice
Every recommendation tied to your launch, licensing or litigation goals.
Clear reporting
Plain-language updates and decision points for in-house teams and boards.
Confidential and conflict-checked
Strict confidentiality and conflict checks on every matter, with discreet filing options where available.
Questions about patent oppositions.
Answers to what IP teams and counsel ask us most.
An opposition window closing?
Send us the patent number. We will confirm the deadline and our assessment within one business day.
Discuss your opposition01What is a patent opposition?
A proceeding before the patent office in which a third party asks for a patent or application to be refused, revoked or limited. It is decided by the office, not a court, and is usually faster and less costly than litigation.
02What is the difference between pre-grant and post-grant opposition?
A pre-grant opposition is filed after publication but before the patent is granted, as in India, Australia and New Zealand. A post-grant opposition is filed within a fixed period after grant, as at the EPO, the JPO and in India.
03What grounds can be raised?
Typically lack of novelty, lack of inventive step, insufficient disclosure, added matter and non-patentable subject matter. The exact grounds vary by office, and some offices add local grounds, such as prior public use or non-disclosure of foreign filings in India.
04Can I oppose without revealing my identity?
Some offices, including the EPO, allow an opposition to be filed by a straw man or nominee, which keeps the real opponent confidential. We advise on whether this is available and sensible in your case.
05How long does an opposition take?
It varies widely by office and by how many rounds of pleadings are exchanged. We give you an expected timeline and budget at the outset, and update it as the case develops.
06Can the patentee amend the claims during opposition?
Yes, within limits. Patentees usually file a main request and auxiliary requests with narrower claims. Amendments must not add matter or extend protection, and opponents can challenge them on those grounds.
07What happens if the opposition window has closed?
Other routes remain, such as revocation or invalidation actions, re-examination, or IPR in the US. They differ in cost, timing and standard of proof, and we compare them for you.
08Do you defend patents in opposition as well?
Yes. We act for patentees, preparing counter-statements, amended claims and auxiliary requests, expert evidence and hearing submissions to keep the claims commercially meaningful.
09Can you coordinate oppositions in several countries?
Yes. We run parallel proceedings across the patent family with local counsel where needed, keeping arguments and claim construction consistent everywhere.
10Can we appeal an opposition decision?
Yes, in most offices. At the EPO, appeals go to the Boards of Appeal. We assess the decision, the chances on appeal and the cost before recommending whether to proceed.
One patent can block a product line. Let's deal with it.
Share the patent number and your deadline. An attorney will reply within one business day.
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